SURESH BHARDWAJ Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is seeking directions to the respondents to make the regular pay scale of Secretary A-Class Municipal Council w.e.f. 18.07.1997 instead of 16.08.2002 while he was given current duty charge for the above said post and further prayer for grant of payment of current duty charge on the post of regular pay scale of Executive Officer, Municipal Council w.e.f. 10.01.2005 till the date of his superannuation i.e. 30.11.2008.

(2.) Petitioner was appointed as Secretary in the year 1979 and was given current duty charge as Secretary A-Class, Municipal Council, w.e.f. 18.07.1997. He was promoted to the post of Secretary, Municipal Council in the pay scale of Rs. 6500-9900 w.e.f. 16.08.2002, vide order dated 29.06.2004 (Annexure P-1). The petitioner thereafter filed CWP No.12090 of 2004 seeking promotion to the post of Executive Officer on the basis of quota fixed. This writ petition was disposed of with a direction to the respondents to decide the representation dated 15.07.2004 by passing a speaking order. Thereafter, the petitioner was given the current duty charge on the post of Executive Officer, Municipal Council and was posted as officiating Executive Officer in his own pay scale, vide order dated 03.12.2004 (Annexure P-3). Thereafter, he worked as Executive Officer at various places from time to time and lastly at Bahadurgarh where he retired on 30.11.2008, vide order dated 20.11.2008 (Annexure P-4). The petitioner was granted regular pension vide order dated 09.11.2010, which was revised w.e.f. 01.04.2010, without giving the benefit of pay scale of Executive Officer.

(3.) Learned counsel for the petitioner submits that in view of decision of Full Bench of this Court in the case of Subhash Chander Vs. State of Haryana and others, 2012(1) S.C.T. 603 : 2012(1) SLR 207 , whereby the petitioner was held entitled to the higher pay scale from the date when he assumed the charge of the post of Secretary with all consequential benefits including promotion.