MUSSADI LAL GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case of the petitioners is that petitioner No.1 was appointed as Accountant in respondent No.2-Corporation on 20.04.1979 and was promoted as Accounts Officer in April, 1990 and thereafter as Senior Accounts Officer in May, 1992 and is continuing as such. Petitioner No.2 was initially appointed as Accounts Clerk on 6.6.1970 and was promoted as Assistant Accountant on 20.04.1972 and Accountant on 1.7.1976.

(2.) Thereafter he was promoted as Senior Accounts Officer on 19.04.1990 and is continuing as such. On 19.5.88 the nomenclature of the post of Assistant Accounts Officer was changed as 'Accounts Officer' and that of Accounts Officer as 'Senior Accounts Officer'. The Haryana Government revised the pay scales of its employees w.e.f. 1.1.1986 and the respondent-Corporation, vide Annexure P-1, also granted pay scales to its employees on the pattern of Haryana Government with a clarification in the remarks column that "if at any subsequent date, the State Government again revised the scale of their Senior Accounts Officers upwards, the same would be applicable to the Accounts Officers/Asstt. Secretary of the Corporation". The Haryana Government vide Annexure P-3 further revised the pay scales of its Accounts Officers/Senior Accounts Officers from R. 2000-3200 to 2000- 3500 in case of Accounts Officers and from Rs. 2000-3500 to Rs. 2200- 4000 in case of Senior Accounts Officers. The respondent-Corporation also considered the pay scales of its Accounts Officers/Senior Accounts Officers and decided to revise the same on the pattern of the Haryana Government. The case was sent to the Government as well as respondent No.3 - The Haryana Bureau of Public Enterprises for approval after having been approved by the Board of Directors of the respondent-Corporation and the Govt. duly approved the decision of the Board of Directors but the respondent No.3-Bureau rejected the case of the petitioners stating that their cases will be considered after the recommendations of the State Pay Commission is received. Hence this petition.

(3.) Respondents No.1 and 2 filed written statement with the averment that the pay scales of the employees of the Corporation are revised from time to time as per the decision of the Board of Directors. The agenda regarding revision of pay scales of Accounts Officer and Senior Accounts Officer was discussed by the Standing Committee in their meeting held on 24.4.1995 and not on 12.6.1995 as alleged and in that meeting the proposal was postponed in order to verify factual position about the designation of the posts of the aforesaid officers before 1.1.96. It is further stated that the nomenclature of the said posts was changed as Accounts Officer and Senior Accounts Officer respectively in their own pay scale as on 19.5.1988. The agenda was approved by the Board of Directors of the respondent- Corporation and sent to Government for approval and the pay scales of Accounts Officers were further revised from Rs. 2000-3200 to Rs.2000-3500 and that of Senior Accounts Officers were revised from Rs. 2000-3500 to Rs. 2200-4000. Again agenda was put up before the Board of Directors to grant this scale to the Accounts Officers/Senior Accounts Officers at par with the similarly situated employees of the Haryana Government w.e.f. 1.5.1990 which was approved and the case was sent to the Government of Haryana as well as to respondent No.3-Bureau for approval of the Standing Committee. The matter was discussed by the Committee in their meeting held on 24.4.95 and not on 12.6.95 as alleged and the proposal was postponed in order to verify factual position about the designation of the posts of Accounts Officers and Senior Accounts Officers before 1.1.96 and the matter was now pending with the respondent No.3.