J.L. BHUTANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner who retired as Milk Commissioner-cum-Director Dairy Development, Haryana, has filed this petition for issuance of a writ of certiorari quashing the impugned order Annexure P 23 by which the request of the petitioner to revise scale of pay of the Milk Commissioner-cum-Director Dairy Development, Haryana (for short referred to as Milk Commissioner) with effect from 1.5.1990 instead of 1.4.1994 has been declined and for issuance of a further direction to the respondents to grant the pay scale of Rs. 4800-5700 with effect from 1.5.1990 to the petitioner as the same was granted to the Director, Animal Husbandry Department, Haryana.

(2.) Facts as stated in the petition are that petitioner joined the Animal Husbandry Department as Veterinary Surgeon on 12.7.1960. He was appointed as Live Stock Officer on 20.7.1972. He earned further promotion and ultimately was appointed as Milk Commissioner on 13.11.1985 and joined as such on 20.11.1985. He remained Milk Commissioner upto the date of his retirement i.e. 31.12.1994.

(3.) Haryana Government created the post of Milk Commissioner on 15.10.1974. According to the averments made the said post was made equivalent in status and responsibility as of the Director of Animal Husbandry, Haryana. The post of Milk Commissioner was created in the same scale of pay as that of Director Animal Husbandry. Number of times, Director Animal Husbandry was appointed as Milk Commissioner. Petitioner has placed on record orders Annexures P2, P3, P4 and P5 to demonstrate that Sarvshri R.S. Dayal, J.S. Grewal, Manohar Singh and Dr. S.N. Sharma, who were working as Director Animal Husbandry were appointed as Milk Commissioner. Post of Milk Commissioner was created in the pay scale of Rs. 1500-2000 which was the same as that of the Director Animal Husbandry. In the subsequent revision of pay scales, the Milk Commissioner and Director of Animal Husbandry were kept at par with each other. A comparative chart showing the details of pay structure of Milk Commissioner and Director Animal Husbandry from time to time is as under :- <FRM>JUDGEMENT_206_LAWS(P&H)4_1997(1).html</FRM>