RAM BHAGAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this common order and judgment, bunch of above-mentioned two writ petitions is being disposed of, since not only the facts are similar but the law points and the issues raised therein are also common. For brevity, recitals are taken from CWP-5887-2015.

(2.) Petition herein, inter alia, is for issuance of a writ in the nature of Certiorari for quashing impugned order/ letter dtd. 21/11/2014 (Annexure P-3) whereby respondent-Department decided to withdraw the benefit of Ist Higher Standard Pay Scale granted to the petitioner w.e.f. 1/1/1994 by re-fixing his pay retrospectively w.e.f. 1/1/1994 onwards and effecting recovery of amount under the garb of over payment being highly illegal, arbitrary and without issuing any show-cause notice or giving any opportunity of hearing.

(3.) Succinct factual background first. Petitioner was appointed as T- Mate (Technical Mate) on 15/10/1977 on temporary basis. His services were regularized w.e.f. 28/11/1983 on the post of T-Mate and he was further promoted as Pump Operator w.e.f. 8/2/2010. He retired from the service as Pump Operator on 30/4/2013. Pursuant to letter dtd. 8/2/1994 (Annexure P-1) issued by Finance Department of respondent-State of Haryana, petitioner was granted first Higher Standard Pay scale of Rs.1400.002600/- w.e.f. 1/1/1994 and his pay was accordingly re-fixed. Vide notification dtd. 23/8/1990, State decided that the employees who were working on technical posts in various Departments for which minimum qualification prescribed is matric with ITI certificate/ Polytechnic will be granted the modified pay-scale of Rs.1200.002040 w.e.f. 1/5/1990 provided that they were getting pay in the pay-scale of Rs.750.00940, 775-1025, 800-1150, 950-1400, 950-1500 as on 1/1/1986. Therefore, employees possessing the qualification of matric and ITI were granted the benefit of above pay revision w.e.f. 1/5/1990 or w.e.f. the date of joining/ regularization against such posts. Since aforesaid technical pay-scale was not granted equally to all the employees, therefore, some of the employees approached this Court for grant of technical pay-scale of Rs.12002040.00 w.e.f. 1/5/1990 and the same was allowed vide order dtd. 18/1/2010. In compliance thereof, vide letter/ notification dtd. 9/8/2010 (Annexure P2), a general decision was taken that the employees who were appointed prior to 1/5/1990 on technical post for which educational qualification is matric with ITI under the provisions of Service Rules will be granted the benefit of the same notionally w.e.f. 1/5/1990 and actually from 9/8/2010 (date of notification). Respondent-Department re-fixed the pay of the petitioner accordingly. Vide impugned order/ letter dtd. 21/11/2014 (Annexure P-3), the respondentDepartment ordered to re-fix the petitioner's pay w.e.f. 1/1/1994 onwards and ordered recovery of overpayment on the ground that as per instructions of the Government, pay-scales of category modified after 1/1/1986 are not entitled for the benefit of Higher Standard Scales and they are entitled for placement in the appropriate ACP w.e.f. 1/1/1996. Petitioner made a representation dtd. 14/3/2015 (Annexure P-4), in this regard, but to no avail.