RANDHIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner challenges the order dated 07.05.2013 (Annexure P-1) whereby it was held that the petitioner is not held entitled to get deemed date of promotion as Draftsman w.e.f. 24.10.2000 and his pay could not be stepped up at par with his junior Sh. Chetan Dass. Resultantly, in view of the said order, the pay which was stepped up on 18.01.2012 (Annexure P-4) was withdrawn and subsequently vide letter dated 15.05.2013 (Annexure P-5), the pay was re-fixed.

(2.) It is not disputed that the petitioner retired on 31.05.2013 as draftsman and as per the respondents themselves, a recovery of Rs. 1,08,356/- was also effected on account of the said action of the State.

(3.) The State has justified the said action on the ground that the petitioner had only passed his departmental examination on 06.11.2000, which was the requisite pre-condition before his case could be treated for promotion to the post of a draftsman as per the Rules. It is accordingly submitted that the benefit which was granted on 18.01.2012 for stepping up was on a wrong premise as the petitioner could not have been granted the benefit from the deemed date on the principle of equality as at that point of time as he had not passed the departmental examination and was not liable as per the Rules.