V K NIGAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner retired as Senior Lecturer, Applied Science Department, from Vaish Technical Institute, Rohtak (hereinafter referred to as 'the respondent-Institute) on October 31, 2004. While working as Senior Lecturer, he was granted the pay scale of Rs. 2200-4000 + Rs. 200 as Special Pay. As on June 01, 1992, the basic pay of the petitioner in the said scale was Rs. 2900 + Rs. 200 Special Pay i.e. Rs. 3100. The Government of Haryana revised the pay scale of Senior Lecturer from Rs. 2200-4000 + Rs. 200 Special Pay to Rs. 3000-100-3500-125-4500 with effect from June 01, 1992. In the revised pay scale, pay of the petitioner was fixed at Rs. 3100 as on June 01, 1992, which pay he was already getting in the pre-revised pay scale. While drawing pay in the pre-revised pay scale, the date of annual increment of the petitioner was August 01, 1992. Since the petitioner did not get any financial benefit in the revised pay scale as on June 01, 1992, the date of his annual increment remained unchanged and he got the annual increment of Rs. 100 in the revised pay scale with effect from August 01, 1992. He continued to draw his annual increments with effect from August 01, 1993 and August 01, 1994 as well and his pay used to be fixed accordingly. Vide order dated July 14, 1998 (Annexure P-1), passed by the Principal of the respondent- Institute, basic pay of the petitioner was fixed at Rs. 3100 with effect from June 01, 1992 and at Rs. 3200 with effect from June 01, 1993 and so on, thus changing the original date of increment with effect from August 01, 1992 to June 01, 1992.

(2.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari, thereby quashing the order dated July 14, 1998 (Annexure P-1) to the extent it has fixed pay of the petitioner in the revised pay scale of Rs. 3000-4500 retrospectively with effect from June 01, 1992. The petitioner has also prayed for issuance of a writ in the nature of mandamus directing the respondents to re-fix his pay in the revised scale without changing his date of annual increment i.e August 01, 1992 with all consequential benefits.

(3.) In the written statement filed on behalf of respondents Nos. 1 to 3, it has been stated that the petitioner opted for revised scale of pay with effect from June 01, 1992 and ceased to draw pay in the pre-revised scale i.e. Rs. 2000-3500 + 200 Special Pay from that date, as per his option (Annexure R-2). Therefore, his pay was fixed at Rs. 3100/- as on June 01, 1992, in the revised pay scale and date of increment of the petitioner was to be June 01, 1993 and not August 01, 1993. However, inadvertently, the date of increment of the petitioner in the revised pay scale was kept unchanged i.e 1st June of every year. Pay of the similarly situated Lecturers in the respondent- Institute was also fixed on the same pattern. When the mistake came to notice, the same was rectified by passing the order dated July 14, 1998 (Annexure P-1). Plea of approaching this Court by way of filing the present writ petition in the year 2005 with a delay of about six years has also been taken in the written statement.