HARPAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, petitioner is seeking a writ in the nature of certiorari quashing order dated 31.7.1991 (Annexure P4) whereby his representation to absorb/adjust him against the post of Assistant Food and Supplies Officer with effect from the date of his absorption in the respondent-department has been rejected. He has also prayed that on quashing of order, Annexure P-4, he be given all consequential benefits in accordance with policy instructions, Annexure P-l.

(2.) In brief, the facts are that initially the petitioner was appointed as Head Clerk in the Panchayat Samiti Department on 5.3.1966 in the pay scale of Rs.150-300 and was confirmed as such on 6.3.1968. He worked on the said post upto 8.5.1969. On the recommendations of the Second Pay Commission, the said pay scale was revised to Rs.225-500 w.e.f. 1.2.1969. In the year 1969, the State of Haryana took a policy decision to abolish the posts of Head Clerks and Steno-typists in the Panchayat Samiti Department and to absorb the incumbents of these posts in other government departments. In pursuance of the policy decision, vide order dated 2.5.1969 the petitioner was adjusted against the post of Sub Inspector in the Food and Supplies Department, Haryana in the pay scale of Rs.60-120. Petitioner was not satisfied with this adjustment and on his representation he was absorbed against the post of Inspector, Food and Supplies in the pay scale of Rs.140- 300. It is the case of the petitioner that his absorption as Inspector Food and Supplies was not in accordance with the policy inasmuch as either the petitioner was entitled to be absorbed against a post having pay scale of Rs.225-500 or he was entitled to be placed in the said pay scale even while working as Inspector Food and Supplies. In the department of Food and Supplies, the highest post was that of Assistant Food and Supplies Officer which at the relevant time was carrying the pay scale of Rs.200-400. it has further been averred by the petitioner that though he was not absorbed as Assistant Food and Supplies Officer despite the fact that he was confirmed Head Clerk in the Panchayat Samiti Department, yet one Kanwar Bhan Rapria who was junior to the petitioner, was absorbed as Assistant Food and Supplies Officer in the respondent-department. It has further been averred that when the petitioner came to know that his junior has been absorbed against a higher post in preference to his dain, he made representations to the respondents. Several times his case was referred to the Government as well as other but no action was taken. Petitioner per force approached this Court in Civil Writ Petition No.6533 of 1991 which was disposed of on 1.5.1991 by this Court with a direction to the respondents to decide the pending representations of the petitioner. Pursuant to the direction of this Court, respondent No.2 vide his order dated 31.7.1991 rejected the claim of the petitioner for absorption as Assistant Food and Supplies Officer. It finds mention in the order that the matter to convert the post of Inspector, Food and Supplies held by the petitioner in the pre-revised pay scale of Rs.225-500 with its subsequent revision as per instructions has been referred to the Finance Department for sanction. The grievance of the petitioner is that though the matter was required to be referred to the Finance Department, but till date no such steps have been taken by the respondents. It has thus been prayed that despite the fact that instructions, P-1 specifically provide that the surplus Head Clerks/Steno-typists of Panchayat Samiti Department will be absorbed against the post of equal pay scale or they will be allowed to carry on the said pay scale on the adjusted post, neither the petitioner was absorbed against the post carrying pay scale of Rs.225-500 or he was allowed to carry the said pay scale on the adjusted post.

(3.) In answer to the claim of the petitioner, the respondents have placed reliance on letter dated 14.2.1969 (Annexure R-l) whereby only a decision was taken to abolish the posts of Head Clerks and Steno-typists working in Block Development Offices and to absorb them in other government departments according to their requirements. It has been averred that there was no mention of Chief Secretary's letter dated 6.7.1968 in letter dated 14.2.1969. It has also been submitted that as per decision of the Government, petitioner was to be absorbed in other government department and not on a post having pay scale of Rs.225-500. They have also denied that there was any decision to absorb the petitioner in the respondent-department on the post of equivalent grade. In regard to his appointment to the post of Inspector Food and Supplies, the respondents have submitted that petitioner was not possessing the prescribed academic qualification of B.A. which was necessary for the post of Inspector Food and Supplies but still he was appointed as Inspector Food and Supplies with effect from 9.5.1969 by giving relaxation in qualification. As regards the allegation of the petitioner that one Kanwar Bhan Rapria, a junior to the petitioner, was absorbed as Assistant Food and Supplies Officer in the departments, the respondents have stated that he was appointed on provisional basis but later he was reverted back to his parent department.