H.S. MEHRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking quashing of the order dated 30.01.2014 (Annexure P -17), vide which, he has been denied the revised pay scale of Rs.13500 -17250 w.e.f. 01.01.1996.

(2.) Petitioner was initially appointed as Draftsman on 15.03.1961 and promoted as Head Draftsman on 10.05.1966. He was further promoted as Sub Divisional Engineer w.e.f. 14.11.1980 in the pay scale of Rs.900 -2000, which was revised to Rs.2000 -3500 w.e.f. 01.01.1986. Vide notification dated 24.11.1993 (Annexure P -1), the petitioner was allowed promotion as SDE w.e.f. 22.02.1972. As per tentative seniority list dated 07.11.1997 (Annexure P -2), the petitioner was at serial No.151 and one Nirmal Singh was at seniority No.175 in the cadre of Sub Divisional Engineer. On attaining the age of superannuation, the petitioner had retired from service on 31.10.2000. Thereafter, pension and other retiral benefits were released to him. While granting pension, the petitioner was not given the benefit of the corresponding pay scale under the Revision of Pay Scales, 1998. Vide Finance Department letter dated 16.05.1990 (Annexure P -3), SDEs (Class -I & II) were allowed the pay scale of Rs.2200 -4000/ -. On completion of five years of regular satisfactory service, the SDEs were allowed the pay scale of Rs.3000 -4500. Further, after 12 years of regular satisfactory service, the SDEs were granted Selection Grade of Rs.4100 -5300 limited to 20% of the cadre.

(3.) Thereafter, revision of pay scales took place vide notification dated 07.01.1998. Due to some anomalies or discrepancies, the State Government modified the revised pay scales of certain categories vide letter dated 07.08.1998. As per this letter, SDEs were allowed the pay scale of Rs.8000 -13500. After rendering five years of regular satisfactory service in the cadre of SDEs, they were allowed Rs.10,000 -13900 and further after 11 years, they were given the pay scale of Rs.12000 -16500. The scale of Rs.12000 -16500 was to be allowed 20% of the posts in the cadre. A further clarification was given on 14.09.1998 (Annexure P -5, collectively) that wherever Selection Grade were existing in the pre -revised scales as a definite percentage of the posts and after stipulated years of service, same would carry the Selection Grade also in the revised scale and the replacement of such Selection Grade would be the replacement scale prescribed under 1st Schedule, Part -II of the Haryana Civil Services (Revised Pay) Rules, 1998. Grievance of the petitioner is that he was not allowed the replacement of Selection Grade i.e. Rs.13500 -375 -17250. Some of the SDEs and XENs, who retired before revision of pay scales on 01.01.1996, filed CWP No.4977 of 2010 before this Court seeking direction that pension and pensionary benefits be released by considering their pay scale as Rs.13500 - 17250 being the corresponding pay scale of Rs.4100 -5300. The said petition was allowed vide order dated 17.03.2011 (Annexure P -6). Vide order dated 29.07.2011 (Annexure P -7), the respondents have implemented the order dated 14.09.1998 (Annexure P -5) and fixed the pension of the petitioners of the aforesaid writ petitions in the pay scale of Rs.13500 -17250. One Nirmal Singh, who is junior to the petitioner, has been allowed the benefit of corresponding pay scale of Rs.13500 -17250. The petitioner made a representation dated 14.03.2012 (Annexure P -8) to the respondents, followed by a reminder dated 08.05.2012 (Annexure P -9), to grant him the pay scale of Rs.13500 -17250, but to no avail. The Engineer -in -Chief, Haryana -respondent No.2, vide order dated 21.05.2012 (Annexure P -10) directed respondent No.3 to send the case of the petitioner with recommendation. When no action was taken, the petitioner filed CWP No.22102 of 2013, which was disposed of by this Court vide order dated 05.10.2013 (Annexure P -16) by giving direction to the respondents to take a final decision on his representation. Pursuant to the said order, the impugned order dated 30.01.2014 (Annexure P -17) has been passed. The main ground for rejection of the claim of petitioner is that at the time of revision of pay scale on 16.05.1990, it had been mentioned that SDEs will be allowed selection grade of Rs.4100 -5300 after completion of 12 years of regular satisfactory service in the cadre limited to 20% of the cadre posts. The petitioner does not fulfill the required condition of Haryana Civil Services (ACP Rules 1998) as he had already availed three up -gradations in the shape of promotion. His pay was fixed in the functional pay scale of the post of SDE i.e. Rs.8000 -13500 w.e.f. 01.01.1996. The benefit of 2nd ACP Scale of Rs.12000 -16500 was withdrawn by the Executive Engineer Public Health Engineering, Division No.1, Rohtak vide order dated 08.09.2000.Scale of Rs.13500 -17250 was not admissible as this was the functional pay scale of the post of Superintending Engineer.