PUSHP LATA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) DOES the stoppage of an employee at the Efficiency Bar in the time; scale of pay on the ground of his unfitness to cross the Bar amount to, the imposition of a penalty? This is the short question that arises in this writ petition. A few facts may be noticed.

(2.) ON February 1, 1972, the Petitioner was appointed as an Auxiliary Nurse and Mid wife in the pay scale of Rs. 130 - -5 - -160/ 5 - -220. The State Government revised the pay scales with effect from April 1, 1979. The post of. Auxiliary Nurse and Mid wife was placed in the scale of Rs. 400 - -10 - -490 - -540 - -15 - -600 - -FB - -20 - -660. This scale was revised with effect from January 1, 1986 and raised to Rs. 950 - -1,500. The post was also redesignated as Multi purpose Health Worker.

(3.) THE solitary contention raised by the counsel for the Petitioner is that stoppage of increments is one of the penalties specified in the rules. The action of the Respondent in not allowing the Petitioner to cross the Efficiency Bar is penal. Since the procedure prescribed under the Punishment and Appeal rules had not been followed, the action is vitiated. Is it so ?