STATE OF HARYANA AND ORS. Vs. VIJAYA KAUL

JUDGEMENT

(1.) C.M. No. 2388 of 2012

(2.) The respondent, who was also a retrenched employee was offered appointment to the post of Clerk in the pay scale of Rs. 3050-75-4590 vide an order dated 13.10.2006 in the office of the Additional Labour Commissioner at Gurgaon in furtherance to the above-stated policy. The respondent accepted that appointment and soon thereafter made series of representations to the authorities to adjust her against the post of Assistant which carries the pay scale of Rs. 5500-9000, namely, the pay scale drawn by the respondent while she was working as Sales Girl in the Corporation. The respondent's representation was turned down vide orders dated 4.3.2010 and 29.7.2010 prompting her to approach this Court.

(3.) Learned Single Judge has accepted the respondent's claim holding that (i) there were admittedly three posts of Assistant lying vacant in the office of the Additional Labour Commissioner at Gurgaon where the petitioner was offered appointment on the lower post of Clerk; (ii) the post of Assistant carried the pay scale of Rs. 5500-9000 i.e., equivalent to the pay scale which had been granted to the respondent while she was working in the Corporation; (iii) other similarly placed retrenched employees of the Corporation, namely, three Store Keepers who were also working in the pay scale of Rs. 5500-9000 were adjusted as Assistants in the pay scale of Rs. 5000-7850 and there was no rhyme or reason for the authorities to take a different view in the case of the petitioner.