NAVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Intra-court appeal is against judgment of the learned writ court dtd. 17/11/2016 dismissing challenge to the withdrawal of revision of pay scale granted vide order dtd. 10/10/2013. Along with the appeal, application seeking condonation of 110 days' delay in filing thereof, has also been filed.

(2.) Learned writ court while acknowledging right of the State to rectify a mistake, sustained the order dtd. 10/10/2013 withdrawing the revised pay scale granted to the writ petitioners but negated the right of the respondents to recover the amount paid to the writ petitioners pursuant to the grant of the revised pay scale in view of the decision of the Hon'ble Supreme Court in 'Chandi Prasad Uniyal versus State of Uttarakhand', (2012) 8 SCC 417, on the ground that the writ petitioners were low salaried employees and recovery from them would not be sustainable in view of the law laid down in the aforementioned decision.

(3.) Pursuant to order dtd. 12/12/2012 in CWP No.24650 of 2012, wherein prayer was for grant of technical pay scale of Rs.1200.00 2040, the petitioners vide order dtd. 4/4/2013 i.e. Annexure P-2, were granted the technical pay scale of Rs.1200.00 2040 revised to Rs.4000.00 6000 w.e.f. 1/1/1996, further revised to Rs.5200.00 20200 + Grade Pay Rs.2400.00 w.e.f. 1/1/2006 granted vide office order dtd. 4/4/2013 i.e. Annexure P-2. Since, the petitioners were appointed as Helpers on 1/10/2003 without ITI, therefore technical pay scale was allowed to them on completion of three years experience on technical post w.e.f. 1/10/2006 and their pay was fixed at the initial stage in the Pay Band of Rs.5200.00 20200 + Grade Pay Rs.2400.00. However, as per stand in the written statement filed in the writ petition, pay of the petitioners was wrongly re-fixed vide order dtd. 10/10/2013 by wrongly interpreting the Revised Pay Rules 2008 and Note-4 of Rule 4.4 of CSR Vol.- I, Part I by multiplying the minimum technical pay scale of Rs.4000.00 with 1.86. However, re-fixation order dtd. 10/10/2013 was issued conditionally that in case any adverse opinion was received from the Government/Head Office, re-fixation of the petitioners would be withdrawn and the excessive amount may be recovered. The stand further taken up in the written statement was that when the error came to the notice of the Director, State Transport, Haryana, Chandigarh, instructions were issued to all General Managers vide memo dtd. 4/7/2006 for re-fixation of pay in the technical pay scale by considering the initial pay as Rs.5200.00 as per rules. It was further mentioned that order dtd. 10/10/2013 was erroneously issued by respondent No.3 fixing the pay of the petitioners at the stage of Rs.7440.00 + Rs.2400.00 Grade Pay was not as per the petitioners' entitlement because the basic pay of Rs.7440.00 was only to be granted to the Government employee at the time of first entry into Government service as per Government instructions dtd. 18/8/2011, but in the instant case, the petitioners had not entered Government service as direct entrant on or after 1/1/2006, whereas they were brought into the Higher Pay scale of technical post i.e. Rs.5200.0020200 + Rs.2400.00 Grade Pay and their pay was required to be fixed on the pay last drawn by them prior to the date of granting the higher pay scale i.e. Rs.2720.00 in pre-revised scale of Rs.2550.003200 and the pay of the writ petitioners fixed at the next stage of the previous pay, subject to the minimum of the pay scale. Since the writ petitioners were drawing Rs.2720.00 and their pay was fixed at the minimum of pay scale i.e. Rs.5200.0020200 + Rs.2400.00 Grade Pay from the date of their entitlement, therefore, Rs.7440.00 + Rs.2400.00 Grade Pay could only be granted to the direct entry level to Government employees as per Finance Department Haryana Instructions dtd. 18/8/2011.