WAZIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court for quashing the action of the respondents in reducing the pay of the petitioner vide order dated 13.06.2012 (Annexure P -7) and for making recovery in view of the Instructions dated 23.11.2009 (Annexure P -13).

(2.) IT is the contention of the counsel for the petitioner that the petitioner was initially appointed as a Helper on daily wage basis on 16.09.1979 and his services were regularized on 14.11.1982. He was promoted to the post of Assistant Fitter w.e.f. 01.08.1994 and thereafter, to the post of Fitter on 26.02.2010. Sh. Sultan Singh, a reserved category employee was appointed as a Helper on 19.03.1982 and his services were regularized on 15.11.1982. On the basis of reservation, Sh. Sultan Singh was promoted as an Assistant Fitter on 01.12.1988 and thereafter, as a Fitter on 01.12.1997.

(3.) COUNSEL for the respondents, on the other hand, contends that the benefit, which has been granted to the petitioner, had to be withdrawn in the light of the amendment of the Constitution of India. The petitioner was inadvertently allowed the benefit of the stepping up initially from 06.06.1996 to 25.02.2010 at par with his junior Sh. Sultan Singh, who was working on the post of Fitter whereas the petitioner was holding the post of Assistant Fitter and actually from 26.02.2010 onwards. The petitioner was entitled to the actual payment on the post of a Fitter but this benefit could not be granted to the petitioner as the amendment to the Constitution has come after 15.03.2006 and the Government Instructions dated 23.11.2009 (Annexure P -13) clarified this position, which provide for a cut off date. Since the petitioner has been promoted after 15.03.2006, the cut off date fixed, the benefit granted to the petitioner has been rightly withdrawn.