STATE OF HARYANA Vs. A.K. SEHGAL

JUDGEMENT

(1.) Junior Engineers-respondents herein who were on the establishment of the Public Works Department (B&R) Branch in the State of Haryana successfully challenged the order dated August 27, 1990 (Annexures P- 18 to P-20) by which their pay scales had been refixed as a result whereof, all the petitioners had suffered a loss in their income. Civil Writ Petition No. 9860 of 1990 filed by them came up for disposal before the learned single Judge on August 9, 1992 and the same was allowed by quashing orders Annexures P-18 to P-20. It is against this judgment of the learned single Judge that respondent-State of Haryana, appellant herein, has filed this letters patent appeal. During the pendency of this letters patent appeal, separate petitions bearing numbers C.W.P. Nos. 9419 of 1993, 6244 of 1993 and 16193 of 1994 were filed by similarly situated Junior Engineers asking the same relief as had been allowed in C.W.P. No. 9860 of 1990 giving rise to the present letters patent appeal. These Writ Petitions were ordered to be heard and disposed of alongwith the aforesaid letters patent appeal. As concdedly, the fate of the writ petitions is exclusively dependant upon the decision to be rendered in letters patent appeal, it would be appropriate to first examine the challenge of appellant-State of Haryana to the judgment delivered by the learned Single Judge dated September 8, 1989.

(2.) Petitioners A.K. Sehgal and two others were appointed as Sectional Offices in the Public Works Department (B&R), Haryana. This post of Sectional Officer was later on designated as Junior Engineer. These posts carried a time scale of Rs. 200-450 but of the total posts of the Junior Engineers, 10% were placed in the selection grade of 450-500/-. Vide order dated February 29, 1980, appellant-State revised the pay scales of various categories of posts w.e.f. April 1, 1979. The revised pay scales of various categories including that of the posts held by the petitioners as mentioned above, became effective from April 1, 1979. The rules laying down the procedure and method for fixation of pay in the revised pay scales known as Haryana Civil Services (Revised Scales of Pay) Rules, 1980, however, came into being later i.e. in 1980. Rule 4 of the 1980 Rules inter alia provided that a Government employee shall draw pay in the revised scale applicable under these rules to the post to which he was appointed. But, he was to give an option to elect to continue to draw pay in an existing scale till the date on which he was to earn his next or any subsequent increment in the existing scale or until he was to vacate his post or was to cease to draw his pay in that time scale of pay whichever was earlier. The earlier pay scale of the Junior Engineers was Rs. 200-450/- and after revision, they were placed in the scale of Rs. 525-1050/-. The Selection grade admissible to 10% of the total strength of the Junior Engineers was revised from 450-500/- to 700-1500/-. This 10% of selection grade posts, conceitedly were increased to 20% of the total posts, on partial amendment of the Rules, 1980, this was clearly mentioned that instead of 10% of selection grade posts there will be 20% posts in the selection grade posts in the cadre of Sectional Officers. In pursuance of the modification in the rules mentioned aforesaid, the Government actually issued an order dated May 12, 1981 conveying the sanction of the Governor of Haryana to the increase of number of posts of Selection grade to Sectional Officers (Junior Engineers) from 68 to 145 w.e.f. April 1, 1979 in the pay scale of Rs. 700-30-850/900-40-1100-50-1250. The petitioners by virtue of increase in the selection grade posts came within 20% of such posts and were actually promoted vide order dated June 3, 1982. They had given their option for the grant of revised pay scales from July 24, 1980, April 1, 1981 and November 26, 1980. The department of petitioners in view of the option exercised by the petitioners and also in view of the Rules, fixed their pay firstly, in the revised selection grade i.e. Rs. 450-500 w.e.f. April 1, 1979 and later in selection grade Rs. 700-1250 with effect from the date from which the option had been exercised by them. Their pay was thus fixed at Rs. 960-980 per mensum. Quite some time after their pay was fixed in the manner aforesaid, the Engineer-in-Chief addressed a letter to the Superintending Engineer pointing out that the action of the Drawing and Disbursing Officer in fixing the pay of the Junior Engineers in the pre-revised selection grade of Rs. 450/- was objectionable and the pay had to be fixed in the revised scale of Rs. 700-1250 only. This constrained the petitioners to file C.W.P. No. 2141/1983. The matter came up before the Division Bench for motion hearing on July 18, 1983 and on the statement made by the counsel for the respondents that the impugned order had been withdrawn, the writ petition was dismissed as having become infructuous. It appears that the statement of the respondents in the aforesaid writ petition was made for the sole reason that before passing the orders with regard to the reduction in the pay scale of the petitioners, they were not given an opportunity of hearing. It was for that reason that within two months from the date writ petition aforesaid was dismissed as having become infrustuos a show cause notice was given to the petitioners. The petitioners replied to the notices issued to them and sought to justify the pay scale in which their pay had been fixed. This matter remained pending for over 7 years and thereafter on August 27, 1990, the Government issued impugned orders Annexures P-18 to P-20 once again leaving the petitioners with no choice but for to file yet another writ which as referred to above has been allowed by the learned Single Judge.

(3.) Before we might examine the various grounds on which the judgment of the learned Single Judge has been challenged, it will be useful to notice the defence projected by the appellants-State. The basic averments made in the written statement in opposition to the claim of the petitioner is that on revision of pay scale with effect from April 1, 1979, and the promotion of the petitioners to the selection grade with effect from the same date, the pay of the petitioners had to be fixed from the scale of Rs. 200-450 to Rs. 700-1250 and not in the pre-revised scale of Rs. 450-500. The sole question that was mooted out before the learned Single Judge as also before us is as to how the petitioners pay has to be fixed from April 1, 1979. Rule 4 of the 1980 Rules on the basis of which the contentions have been raised by the respective sides reads as under :-