ZILEDAR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as Deputy Director, Agriculture, in HAS Class-I service of State of Haryana on the recommendation of Public Service Commission, in the pay scale of Rs. 400-1250. His appointment letter is dated 29.7.1980 (Annexure P-1) conveyed vide endorsement dated 31.7.1980. Prior to his appointment the petitioner was working as Assistant Scientist in Haryana Agriculture University (HAU) in the pay scale of Rs. 700-1600. His total emoluments were Rs. 1481/- with basic pay of Rs. 1020/- in the grade of Rs. 700-1600. The petitioner made representation for his pay protection and respondent No. 1 is stated to have fixed his pay at Rs. 1020/- per month w.e.f. 31.7.1980 vide Annexure P-2 dated 7.12.1983.

(2.) The petitioner still not satisfied, made another representation dated 13.2.1984 (Annexure P-3) and ultimately, the order dated 27.2.1984 (Annexure P-4) was passed by respondent No. 2, fixing his pay at Rs. 1300+38, with reference to the pay drawn by him in HAU, Hisar under para 3 of the Revised Pay Scale Rules 1980 and Rule 4.4(b)(iii) of Civil Service Rules Volume-I Part-I.

(3.) The pay of the petitioner was reduced from Rs. 1338/- to Rs. 1020/- on the basis of an audit objection dated 19.7.1985, pointing out that the formal approval of respondent No. 3 to the pay fixation was not obtained. The petitioner, however, continued to receive his pay at the scale which was fixed vide order dated 27.2.1984 (Annexure P-4). Ultimately, order dated 7.1.1992 (Annexure P-7) was passed ordering the recovery of Rs. 19,881.33P towards the excess payment made to the petitioner for the period from 15.10.1980 to 31.10.1984 and his pay was fixed at Rs. 1020/- per month instead of already fixed at Rs. 1300+38. The petitioner instituted CWP No.1281 of 1992 and LPA No. 975 of 1992, filed by the respondents against the order passed in the aforesaid civil writ petition was decided on 30.9.1992 (Annexure P-10). It was ordered as under: