B.S. SODHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) It is the plaintiff's second appeal challenging the judgment and decree passed by the Courts below. The plaintiff has sought declaration to the effect that he is entitled to pay scale of Health Educator (State Level) for the period he worked on the said post i.e. from 27.6.1983 till August, 1989.

(2.) The plaintiff-appellant was appointed, as District Family Welfare Education Officer in the pay scale of Rs. 250-400 (subsequently revised to Rs. 1640-2900). The plaintiff and his wife requested for posting him at Chandigarh in view of the unfortunate murder of son of the plaintiff. A sympathic view was taken and he was posted at Chandigarh on 27.6.1983 for a period of one month. Subsequently, vide order dated 25.10.1984, Ex.P1 the plaintiff was adjusted at Chandigarh subject to the condition mentioned therein. The plaintiff continued to work as Health Educator till August 1989. The plaintiff retired on 30.9.1991 and thereafter moved a representation for grant of pay scale of the post of Health Educator. The said request was declined vide order dated 30.11.1993. The said order was challenged in the suit filed on 4.1.1997. Both the Courts have dismissed the suit of the plaintiff-appellant holding that he was posted at Chandigarh vide order dated 25.10.1984 with specific condition that he will not claim seniority/higher pay-scale in view of his adjustment and will also not claim for the appointment of this post. It as thus concluded that the plaintiff having accepted the terms and conditions of the posting order, has no right to demand higher pay-scale.

(3.) In the second appeal, learned counsel for the appellant has argued that initially he was posted as Health Educator at his request. However, subsequent continance on the higher post is an act of the respondents and, thus, he is entitled to the pay-scale of the said post atleast from 25.10.1984.