HARYANA STATE ELECTRICITY BOARD Vs. R D GOYAL

JUDGEMENT

(1.) Plaintiff R.D.Goyal, now respondent, had filed suit for declaration as against Haryana State Electricity Board. That suit was dismissed by Civil Judge ( Junior Division), Hisar vide judgment dated 30.9.1996. On an appeal having been filed by the plaintiff, now respondent, the suit was decreed. This is now regular second appeal against that judgment of Addl. District Judge, Hisar dated 18.5.2000, decreeing the suit. The law points involved in this case are as under: 1.Whether the plaintiff was entitled to the grant of pay in view of the Regular Second Appeal No. 3067 of 2002 order dated 3.7.1989 which was admittedly passed by one member only, whereas he was not competent to pass such order, and only the Members of the Board could fix the pay of Accounts Officer who got premature promotion?

(2.) Whether plaintiff-respondent was entitled to the pay scale under the order dated 3.7.1989, which had been revoked vide Ex.PW1/11 as well as Ex.D-4? The plaintiff was working as Senior Accounts Officer. There were earlier judgments of Civil Judge Chandigarh dated 18.8.1987 and that of Additional District Judge, Chandigarh dated 20.2.1991 in favour of the plaintiff and effect of these judgments had already been given and pay fixed. Arrears along with interest were also paid. Then on 1.1.1991 plaintiff was drawing pay Rs.4375/-, but it was reduced to Rs.4250/- on 1.4.1991. According to the plaintiff, his pay was reduced without giving him opportunity to explain the position. In the written statement filed on behalf of the respondent-Board, details of pay fixed has been given. Plaintiff was drawing Rs. 4375/- on 1.1.1991. As per calculation given, plaintiff was drawing Rs.600/- on 25.6.1974. His pay was increased to Rs.640/- as on 1.4.1975 due to instructions dated 3.7.1989. Then those instructions were withdrawn. The instructions dated 3.7.1989 read as under: Regular Second Appeal No. 3067 of 2002

(3.) " i) The increment as accounts officer would be allowable on accrual basis retrospectively, but cash payment will flow to them from the date they completed the 5 years service as SAS accounts. ii)The said benefit will also be applicable in case of those officers and staff who had been given pre-mature promotion i.e. before the completion of the requisite period of service on the post held prior to the promotion. These instructions were withdrawn in terms of Board's Instructions dated 29.11.1991, which are as under: 1. The circular Memo No. Ch-156/GS-166 dt.3.7.1989 be withdrawn with prospective effect i.e. from the date of issue of orders meaning thereby that pay of the officers who have derived the benefit of the said circular in the matter of pay fixation be fixed downward from the said date (date of issue of orders) and the difference between the present pay and the pay which is re-fixed as a consequence of the proposed withdrawal of circular dated 3.7.1989 be treated as personal pay to be absorbed in the next annual increments so as to conform to the State Govt's /Board Instructions mentioned in Regular Second Appeal No. 3067 of 2002