DEVENDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) As per the averments made in the suit, plaintiff-appellant was appointed as a Clerk in the office of Deputy Commissioner, Jind on 06.08.1976 and was transferred to Sirsa district on 30.05.1983. In the seniority list dated 23.02.1984, his name was shown at Sr. No.62 and his service pertaining to district Jind was not counted. The plaintiffappellant preferred an appeal against the aforesaid seniority list which was rejected by the Commissioner, Hisar on 02.05.1988. He filed a Civil Suit challenging the order of the Deputy Commissioner, Sirsa dated 23.02.1984 and the order dated 02.05.1988 passed by the Commissioner, Hisar; which was decreed on 28.02.1991 and the Deputy Commissioner, Sirsa was directed to fix the seniority of the plaintiff-appellant at Sr. No. 14 and confirm him with effect from 01.07.1981. The orders passed by the Deputy Commissioner and the Commissioner were also set aside. The respondents preferred an appeal against the aforesaid judgment and decree of the trial Court, which was also dismissed vide judgment and decree dated 09.04.1996. On the basis of the orders of the Court, seniority of the plaintiffappellant was shown at Sr.No.10 in the seniority list of Clerks in the office of Deputy Commissioner, Sirsa and he was deemed to have been confirmed with effect from 01.07.1981.

(2.) It was further pleaded that the pay scales of the Haryana Government employees were revised with effect from 01.04.1979 and out of the sanctioned posts of Clerk, 20% senior most Clerks were allowed selection grade from the said date. Since on 01.04.1979, there were 64 sanctioned posts of Clerk in the office of Deputy Commissioner, Sirsa, 12 senior most Clerks were eligible for the selection grade and since the name of plaintiff-appellant was at Sr. No.10 he was found eligible for the selection grade with effect from 01.04.1979 and accordingly vide order dated 21.04.2000 passed by the Deputy Commissioner, Sirsa, the plaintiff-appellant was confirmed with effect from 01.07.1981 and was allowed selection grade with effect from 01.04.1979 and date of his promotion was converted from 16.12.1992 to 12.10.1990.

(3.) It was further pleaded that vide order dated 04.02.2002 passed by the Deputy Commissioner, Sirsa, pay of the plaintiff appellant in the selection grade at Rs.480 was fixed with effect from 01.07.1981 instead of 01.04.1979 and thus, his pay was reduced. The order being against law was liable to be set aside as no opportunity to show cause was given, which was a minimum requirement of principles of natural justice. It was further case of the plaintiff-appellant that at no stage he practiced any fraud upon the respondents. Against the aforesaid order, the plaintiff-appellant moved a representation before the Commissioner, Hisar. The same was sent through registered post but has not been decided so far. In the meantime, the plaintiff-appellant was charged with some chargesheet under Rule 7 of the Haryana Civil Services (Punishment & Appeal) Rules in which certain charges relating to alleged acts of misconduct to the effect that while posted as Establishment Assistant, he received excess payment relating to post at Jind regarding the arrears of revised grade were also framed. It was the further allegation that he misused his official position and his integrity was doubtful. Reply was submitted to the said chargesheet. No regular departmental inquiry was conducted and vide order dated 04.06.2004 the charges were dropped. However, with regard to charge No.3, the Deputy Commissioner, Sirsa ordered to effect recovery of the alleged excess payment received by the plaintiff-appellant by getting his pay fixed at higher rate. The aforesaid order was also illegal and liable to be set aside. Thus, the plaintiff-appellant filed the instant suit seeking the following relief: