LAWS(P&H)-2005-9-137

CCS HARYANA AGRICULTURAL UNIVERSITY Vs. NARENDER KUMAR

Decided On September 09, 2005
C C S HARYANA AGRICULTURAL UNIVERSITY Appellant
V/S
NARENDER KUMAR Respondents

JUDGEMENT

(1.) The C.C.S. Haryana Agricultural University, Hisar has filed this appeal against the judgments of both the Courts below by which suit filed by the plaintiff-respondent was decreed and the plaintiff was held entitled to get the benefit of two advance increments with effect from 1.1.1992 in the existing pay scale.

(2.) Briefly stated, the facts of this case are that the plaintiff was appointed as a Sectional Officer/Junior Engineer on regular basis vide dated 27.9.1984 in the Haryana Agricultural University. The University revised the pay scales of Junior Engineers with effect from 1.1.1992 on the pattern of Government of Haryana. In view of the said decision, a Junior Engineer who acquired AMIC or an equivalent degree and had completed 5 years of regular satisfactory service, was entitled to get the benefit of two advance increments with effect from 1.1.1992 in the existing pay-scale. It was averred by the plaintiff that he had completed 5 years regular service on 1.1.1992 and also possessed a degree of Bachelor of Engineering since 1982 which is equivalent to AMIC and, therefore, he was fully entitled to get the benefit of two advance increments. It was further averred by the plaintiff that the decision of the University declining the benefit of two advance increments vide Memo dated 16.5.1995 was totally arbitrary and unconstitutional.

(3.) The defendant-appellant filed reply and averred that the suit is barred by limitation. It was further averred that only those Junior Engineers who has passed AMIC after 1.1.1992, were entitled to get the benefit of two advance increments and the plaintiff having acquired the degree prior to 1.1.1992, was not entitled to the said benefit.