S S GIRDHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has challenged the legality of the order Annexure P-4 dated 1.12.1992 (correct date of the order is dated 30.11.1992) as also the order dated 3.8.1994 (Annexure P-6) passed by the respondents.

(2.) The petitioner joined service as Sectional Officer/Junior Engineer in the Public Works Department (Irrigation Branch) of the erstwhile State of Punjab. In the process of re-organisation of the then State of Punjab and creation of the State of Haryana, the service of the petitioner was allocated to the State of Haryana with effect from 1.11.1966. The petitioner was promoted as Assistant Engineer/Sub Divisional Officer w.e.f. 29.12.79 vide order Annexure P-1. He was regularised vide order dated 15.1.84 issued by the Governor of Haryana under Rule 5 of the Haryana Service of Engineers Class-II, P.W.D. (Irrigation Branch) Rules, 1970. Subsequently, some more promotions were made to the posts of Sub Divisional Officers. These promotions became subject matter of challenge in this Court and then before the Supreme Court. The Government undertook review of various promotions on the basis of the directions given by the Apex Court. Final order regarding these promotions came to be issued on 30.11.1992. In this order, the name of the petitioner does not figure and according to him, respondents 4 and 5 who are similarly situated have been given promotion as Sub Divisional Officers ignoring his claim.

(3.) In the meanwhile, while issue regarding promotion to the post of Sub Divisional Officer was being agitated before the Court, the petitioner was given selection grade on completion of 12 years service with effect from 30.12.1991. For this purpose, order Annexure P-5 was passed by the competent Authority. Petitioner's pay came to be fixed in the pay scale of Rs. 4100-5900 with effect from the date of completion of 12 years of service. After about a year and six months of the issue of order Annexure P-5, the same officer issued Annexure P-6 dated 3.8.1994 and withdrew the benefit of selection grade given to the petitioner and refixed his pay in the scale of Rs. 3000-4500 on the ground that the petitioner's case has not been approved by the Haryana Public Service Commission.