JAGDISH LAL BHUTANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) AIthough this writ petition has been filed for quashing the decision taken by the Government of Haryana to revise the seniority of the petitioner in the Haryana Veterinary Service Class-II and his threatened reverse from the post of Milk Commissioner, Haryana, to that of Project Director aid for grant of salary in the pay scale of Rs. 2150/- - 2500/- during the course of arguments, learned counsel for the petitioner confined his arguments to the prayer of the petitioner for grant of salary in the pay scale of Rs. 2150 - 2500/-.

(2.) The petitioner served the Indian Army as a Commissioned Officer between 1.7.1964 to 19.12.1969. He was appointed as Live Stock Officer in Haryana Veterinary Class-II (senior scale) on 20.7.1972 on the recommendation of the Haryana Public Service Commission. The petitioner was assigned seniority by grant of benefit of the military service rendered by him. His seniority in the Haryana Veterinary Class-II was fixed w.e.f, 1.2.1967 and in the Haryana Veterinary Class-I w.e.f. 15.1.1974. After about a decade, he was served with a show cause notice as to why the military service benefit may not be withdrawn. Against this proposed action, the petitioner instituted C.W.P. No. 3104 of 1983 which was allowed by a Division Bench on 25.5.1984 and the notice issued to the petitioner as well as the order passed by the Government were quashed. The Special Leave petition filed by the State of Haryana against the judgment of the Division Bench was dismissed by the Supreme Court on 20.2.1985. Thereafter, the petitioner was appointed as Milk Commiss ioner, Haryana vide order dated 13.11.1985 (Annexure P4). However, in the said order it was stated that he would continue to draw salary in his own pay scale.

(3.) The petitioner has pleaded that once the Government has appointed him as Milk Commissioner, Haryana and he started discharging the duties of the post of the Milk Commissioner, he has acquired a legal right to be paid salary of the post of Milk Commissioner and denial of salary to him in the grade of Rs. 2150-2500/- is arbitrary and unconstitutional. The petitioner says that the Government's action of not giving him salary in the pay scale of the Milk Commissioner amounts to violation of fundamental rights of the petitioner enshrined in Articles 14 and 16 of the Constitution of India.