ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition Nos. 6911 of 1991 and 7877 of 1992. The facts leading to filing of these petitions are in a very narrow compass and are almost identical. For facility of reference, the facts of Civil Writ Petition No. 6911 of 1991, Zile Singh v. The State of Haryana, 1992 1 SCT 614 are being adverted to.

(2.) Petitioner, Zile Singh, was initially appointed as a Lecturer in English in H.E.S. Class II, college cadre, on the recommendations of the Haryana Public Service Commission with effect from 1.9.1982. His appointment was against a permanent post and at the time of his appointment, the pay scale of the post was Rs. 700-1600, which was subsequently revised to Rs. 2200-4000 with effect from 1.1.1986.

(3.) Petitioner continued working on the said post and in the year 1987 be competed a post in the H.C.S. (Executive Branch) and Allied Services. The petitioner was selected for the post of Excise and Taxation Officer by the Haryana Public Service Commission and was appointed as such, on 24th March, 1989. The pay scale of the said post was Rs. 2000-3500. At the time of joining the post of Excise and Taxation Officer, the petitioner was drawing a basic pay of Rs. 2650/- per month as a Lecturer in English in H.E.S. Class II. The pay of petitioner as Excise and Taxation Officer was fixed by the respondents at minimum of the scale at Rs. 2000/- per month. The petitioner filed the present Writ Petition for protection and fixation of his pay as Excise and Taxation Officer under Rule 4.5-A and Rule 4.4 of the Punjab Civil Services Rules, Volume I Part I, as applicable to State of Haryana which regulate the fixation of initial pay for appointment on a new post. Rule 4.5-A and Rule 4.4(a) (i) are in the following terms :-