HARPAL SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court impugning the order dated 15.1.2010 (Annexure P-6) passed by the respondents denying his claim for notional fixation of his pay over and above that of his junior i.e. respondent No.4.

(2.) Counsel for the petitioner, during the course of hearing, restricts his claim for the grant of notional fixation of his pay for the period he was out of service of the respondent-department due to his selection as Taxation Inspector and thereafter till his reinstatement in the light of the judgment passed by this Court in CWP No.13612 of 1999 decided on 27.11.2001.

(3.) It is the contention of the counsel for the petitioner that while deciding the said writ petition, this Court had relied upon the judgment passed by this Court in CWP No.851 of 1999 Dharampal vs. The State of Haryana and others, decided on 6.4.1999 wherein monetary benefits for the period when the petitioner had been out of service were denied to him. He contends that the mandate of the Court was only restricted to non-payment of the pay and allowances during the said period but it was never observed that he would not be even entitled to the notional fixation of his pay including increments and other benefits but actual payment of the pay amount would not be made to the petitioner. He, therefore, contends that the impugned order cannot sustain and deserves to be set aside.