KANWAR SAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Unsuccessful plaintiff Kanwar Sain has filed the present R.S A. which has been directed against the judgment and decree dated 23.8.1990 passed by the Court of Additional District Judge, Hisar, who allowed the appeal of the defen- dants Nos. 1 to 4, i.e. the State of Haryana and three private respondents, namely, Sarvshri R.D. Bedi, Siri Ram Verma and Brij Bhushan Lai Gupta, and set aside the judgment and decree dated 29.9.1989 passed by the Court of Senior Sub Judge, Hisar, who decreed the suit of the plaintiff-Kanwar Sain.

(2.) The brief facts of the case are that Kanwar Sain plaintiff- appellant had qualified the S.A.S. examination and was appointed in the S.A.S. Cadre on 14.7.1963. He was later on promoted and appointed as Treasury Officer on 3.1.1968. He was confirmed as Treasury Officer on 11.8.1978. In the year 1979 the plaintiff was also appointed as Treasury Officer, Hissar. The private respondents Nos. 2 to 4 (defendants) were confirmed on 1.12.1978 as Treasury Officers, and in this manner, according to the plaintiff, he became senior to defendants Nos. 2 to 4. On 10.7.1981 the plaintiff was placed under suspension and he was reinstated into service on 12.4.1985 and finally die penalty of censure was awarded to him on 17.4.1985. He was superannuated from service on 30.4.1985. After his retirement the plaintiff filed the present suit for declaration against the State of Haryana and the private defen- dants claiming that as he was confirmed as Treasury Officer with effect from 11.8.1978 while the private defendants were confirmed with effect from 1.12.1978 and as such he was senior to them. Therefore, as per notification dated 21.7.1980 he was entitled to the revised pay scale with effect from 1.4.1979. According to the plaintiff, the pay scales of Treasury Officers were revised from Rs.350-900 to Rs.800-1600 (TS), Rs.900-1700 (SG) for 20% posts. Similarly the grade of Administrative Officers was revised to Rs. 100-1800 plus Rs.75/- Special Pay. Therefore, he is entitled to the revised grade of the Administrative Officer. The plaintiff further alleged that the Commissioner and Secretary to the Government of Haryana as per order dated 12.9.1989 showed defendants Nos. 2 to 4 working as Administrative Officer, Treasuries and Accounts and Senior Accounts Officers in the pay scale of Rs.1000-1800 plus Rs.75/- as special pay, therefore, he was entitled to the said pay scale being senior to the private defendants. The plaintiff also stated that his pay may be stepped up in view of Rule 4.13 of the Punjab Civil Service Rules, Vol. I, Part I, as juniors to him had been promoted and were given the grade of Rs.100-1800 + Rs.75/-as special pay.

(3.) The suit was contested by the defendants and they stated that defendants Nos. 2 to 4 were appointed in the S.A.S. Grade on 30.12.1962 while the plaintiff qualified the S.A.S. Examination and was appointed in the S.A.S. Cadre on 15.7.1963. In this manner, Siri Ram Verma had become senior to him. At the same time it was not disputed by the State that the plaintiff was confirmed as Treasury Officer with effect from 11.8.1978 whereas the private respondents were confirmed with effect from 1.12.1978 and was thus senior to them in the cadre of Treasury Officer. Siri Ram Verma was promoted as Senior Accounts Officer in the pay scale of Rs.1000-1800 with effect from 14.10.1980. The plaintiff was placed under suspension on 7.7.1981 and was charge sheeted on 10.12.1981 under Rule 7 of the Punishment and Appeal Rules, 1952. He was censured and administered a severe warning and a copy of the same has been placed in the confidential report file as per order dated 17.4.1985 issued by the Government of Haryana on 30.4.1985. The plaintiff was further charge sheeted under Rule 7 of the Punjab Civil Services (Punishment & Appeal) Rules, 19052 (for short 'the Rules') on 12/13.2.1984, 4.4.1985 and 29.4.1985. Ultimately, the plaintiff retired from service on 30.4.1985. He was reinstated on 12.4.1985 without prejudice to the departmental action which might be taken against him on the finalisation of the cases of serious irregularities/lapses and breach of trust committed by him as a Treasury Officer. According to the State, Brij Bhushan Lal Gupta was promoted as Senior Accounts Officer in the scale of Rs.1000-1800 on 31.1.1983 according to Rule 7 of the Haryana (Accounts) Group-B Service Rules, 1982. Shri R.D. Bedi was subsequently promoted as Senior Accounts Officer in the same scale on 14.9.1984. It was further maintained by the State that the provisions of Rule 4.13 of Punjab Civil Service Rules, Part-I, were not applicable to the plaintiff and in the year 1983 only one post of Senior Accounts Officer had become available. Though the plaintiff was senior- most Treasury Officer, but as he was put under suspension, and was facing departmental enquiries, he was not considered and was dropped from the panel so framed of the eligible candidates. The defendants also took the stand that the suit of the plaintiff was not maintainable and that the Civil Court had no jurisdiction to try the suit and also that the suit was bad for non-joinder of necessary parties. The plaintiff filed rejoinder to the written statement in which he reiterated the allegations made in the plaint and denied those of the written statement.