STALE OF HARYANA Vs. INDER SAIN

JUDGEMENT

(1.) Respondent was working as Electric Mistry with the petitioner-Department. He retired from service in April, 1986. After his retirement, he filed a suit for declaration that he was entitled to the post of Electric Mistry w.e.f. 10.1.1977. In the said suit, he also claimed all consequential benefits.

(2.) On contest, the suit was decreed and a decree was passed in his favour, holding him to be entitled to the post of Electric Mistry w.e.f. 10.1.1977 till the date of his retirement. He was also held entitled to all consequential benefits. The Department made him the payment according to pay scale of Rs.80-120/- as well as subsequent revision made in the said scale. Respondent was not satisfied with this and, therefore, lie filed an execution application claiming that the pay scale in the year 1977 was Rs.100-160/- which subsequently, was revised on 21.7.1980 to Rs.350- 500/- w.e.f. 1.4.1979. The claim of the respondent was contested by the Department. The executing Court after considering various notifications issued in this respect, came to the conclusion that the pay scale was Rs.100-160/- and subsequently, it was revised to Rs.350-500/-. The executing Court, therefore, directed the Department to make payment in the grade of Rs.100-160/-w.e.f. 10.1.1977 and in the grade of Rs.350-500/- w.e.f. 1.4.1979. This order is being impugned by the Department in the present revision petition.

(3.) I myself have perused the notifications brought on the record of the executing Court. I find that by notification dated 21.7.1980, the existing pay scale of Rs.100-160/- which was being paid to Electric Mistry, was revised to Rs.350-500/- w.e.f. 1.4.1979. Counsel for the petitioner states that there is no notification showing that respondent was drawing salary in the pay scale of Rs.100-160/- in the year 1977. This contention has no merit because I find from the letter dated 21.4.1979 issued by the office of the Commissioner and Secretary to Govt. Haryana, P.W.D. B & R Branch to the Office of the Engineer-in-Chief, Haryana, P.W.D. B & R Branch, that sanction of the Governor of Haryana was accorded to (he revision of Pay Scales of the Work Charged Employees of Public Works Department B & R Public Health and Irrigation Branch as detailed in the statement enclosed with that letter. The benefit was given w.e.f. 1.4.1979. In the said appended statement,'in the relevant column, the pay scale has been shown to be Rs.100-160/-, meaning thereby that if the Work-Charged Employees brought on the regular establishment were being paid in the pay scale of Rs. 100-160, then the petitioner being a regular employee, was also entitled to the pay in the grade of Rs.100-160/-.