M L CHADHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who has since retired from service, is aggrieved by the order dated January 17, 1985. A copy of this order has been produced as Annexure P-3 with the writ petition. By this order, it was directed that the petitioner may be given starting/initial pay of the pay scale of this post till he becomes eligible for next increment after completing the requisite experience. It was further directed that "on the post of Functional Manager, he will be given the pay scale of lower post." This was subject to the condition that he may be given the pay of the higher post after he acquires the requisite experience. A few facts as relevant for the decision of this case may be noticed.

(2.) The petitioner joined service in the year 1949. He was promoted as a Head Assistant. Vide order dated August 23, 1974, the petitioner was granted ad hoc promotion as a Development Officer. By order dated September 30, 1974, he was transferred as an Assistant District Industries Officer. On May 3, 1976, the petitioner was promoted as an Assistant District Industries Officer on regular basis. Thereafter, on June 2, 1980, the petitioner was promoted as Assistant Director/District Industries Officer and was placed on probation for a period of one year. It was further observed that since the petitioner "has not completed five years' experience in the cadre of Assistant District Industries Officer/Development Officer/Industrial Promotion Officer as required under rule (c) of the Haryana Industries Service Class II Rules, 1966, his premature promotion will be subject to the instructions contained in Chief Secretary to Government, Haryana, circular letter No. 4044-2GS-1-71/23800 dated 17.8.1971". The petitioner was actually adjusted as a Functional Manager, District Industries Centre, Faridabad. Thereafter, vide order dated January 12, 1983, the petitioner was promoted to officiate as Functional Manager and granted the scale of Rs. 1200-1800 attached to the post.

(3.) In the background of the above-noted factual position, the respondents had granted the pay of the post of Assistant Director to the petitioner with effect from May 1981. This date was worked out on the hypothesis that he had been regularly promoted as Assistant District Industries Officer on May 3, 1976 and had, thus, completed the requisite five years' experience on May 2, 1981. The petitioner's claim is that he having been promoted as an Assistant District Industries Officer on August 22, 1974, and having actually discharged the duties of that post, he was fully eligible for promotion to the post of Assistant Director on June 2, 1980 when he was actually promoted. Accordingly, he submits that the pay scale of the post of Assistant Director is admissible to him from the date of his promotion on June 2, 1980 and it can't be postponed till May 2, 1981.