JOGINDER SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) THE challenge in this petition is to the order dated 2.6.2010 issued on 5.7.2010 (P -4). The petitioner was a direct recruit Junior Engineer (Mechanical) and joined the Irrigation Department, Haryana on 3.12.1976. He was promoted to the next higher post of Sub Divisional Officer on 21.10.2008 w.e.f. 1.11.2008. The pay of the petitioner was re -fixed in the manner indicated in the impugned order dated 2.6.2010 adverse to him inasmuch as the increment earned by him on promotion in 2008 has been withdrawn ex parte without assigning any reasons in the impugned order. This petition was filed on 26.7.2010. The petitioner died in harness on 24.4.2011. His LRs., that is his widow, two sons and a daughter have been brought on record since the right to sue survives, the claim being monetary. The pay of the petitioner was fixed by office order dated 30.3.2009 in the revised pay band of Rs. 9300 -34800 by treating existing pay as on 1.1.2006 as Rs. 9300/ -. The office order was passed under the Haryana Civil Services (Assured Career Progression) Rules 2008. The pay in the revised pay band with effect from 1.1.2006 was fixed as Rs. 17300/ - with grade pay of Rs. 5200/ -, with date of next increment falling on 1.7.2006. On promotion on 1.11.2008, the petitioner was granted increment of Rs. 740/ - taking his pay to Rs. 20,140/ - in grade pay 5400 on promotion as SDO.

(2.) BY the impugned order the pay of the petitioner on 1.1.2006 has been fixed at 17670 + 5200 = 22870 in the new pay scale in Pay Band Rs. 9300 -34800. The position obtaining on the date of promotion as SDO, that is, on 1.11.2008 is entitlement to Rs. 19800 + 5400 = Rs. 25200.

(3.) 4 The initial substantive pay of a Government employee who is appointed substantively to a post on a time -scale of pay is regulated as follows: