OM PARKASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Appellant had filed suit for declaration to the effect that he was entitled to benefits of two additional increments on completion of 8/18 years of service including the period of service rendered as Work Charge Employee w.e.f. 01.01.1990 as per policy of the State dated 07.08.1992.

(2.) Respondents in their written statement admitted the fact that the appellant was appointed vide order dated 07.05.1971 as Work Mistry on Work Charge basis. Appellant was brought on regular cadre w.e.f. 03.07.1980 and at the time of his retirement, i.e. on 31.12.2002, appellant was drawing salary to the tune of Rs. 5,300/- and his pension and gratuity had been fixed accordingly. Initially, as per the State Policy dated 07.08.1992 and 08.02.1994, benefit of additional increments and higher standard scale was given to the employees who were working on Work Charge basis, but vide clarification dated 21.03.1994, it was held that the benefit was not admissible to Work Charge employee qua additional increments. Thereafter, vide notification dated 15.03.2002, benefit of additional increments on completion of 8/18 years service and higher standard scale after completion of 10/20 years of service, was allowed to the employees by counting their Work Charge service. Appellant had already been disbursed his pension and gratuity on 20.02.2003. Now, only fraction of payment was liable to be paid to the appellant by counting his Work Charge service, which was not admissible as per the original policy of the State. However, now the pay of the appellant had been fixed after allowing him the benefit of Work Charge service towards additional increments and Higher Standard Scale and arrears had already been paid to the appellant.

(3.) On the pleadings of the parties, following issues were framed by the trial Court:-