SARUP KRISHAN SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, Petition is seeking a writ in the nature of Mandamus, commanding upon the respondents to fix the pay of the petitioner after allowing him efficiency bar due w.e.f. 26.11.1973 in the pay scale of Rs. 120-250/- at the stage of Rs. 150/- thereby raising his pay in the revised pay scale granted by the Haryana Government to its employees from time to time, and also to pay the arrears of salary upto date with interest.

(2.) The grievance of the petitioner, who was appointed as Tehsil Sanitary Inspector in the pay scale of Rs. 80-120/-, is that his case for crossing of efficiency bar was due with effect from 26.11.1973, but for no fault of his, the same was not decided though the officer concerned had recommended his case more than 10 years back. His other grievances is that a numbers of revisions in the pay scales have been allowed to the employees of the Haryana Government, and arrears have been paid after fixing their pay in the proper pay scales, but the case of the petitioner due to non-clearance of his case for efficiency bar has been struck at the state of Rs. 150/- and he is being paid at the minimum stage of pay scale for no fault of his.

(3.) Written statement has been filed by Dr. B.S. Panwar, Director Health Services, Haryana (Health) Chandigarh for and on behalf of respondents 1 to 4. In para No. 3 of the preliminary injections, it has been stated that petitioner has been given the pay scale of Rs. 1400-2600 w.ei. 1.1.1986 and then allowed to cross efficiency bar in the pay scale of Rs. 120-5- 150/8-180/8-200/10-250 w.e.f. 26.11.1973, Rs. 120-5-150/6-180/8-220/10- 250/- w.e.f. 1.11.1978 and in the pay scale of Rs. 420-700 w.e.f. 1.4.83 vide letters dated 1.4.1992, 1.5.1992 and 9.6.1992 respectively. On these averments, prayer has been made that as benefit claimed by the petitioner has been given to him, the writ petition deserves to be dismissed as infructuous.