SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking issuance of writ in the nature of certiorari quashing the impugned order dated 06.04.2016 (Annexure P-19) with a further direction to the respondents to grant the petitioner revised pay scale w.e.f 01.05.1989 as granted to his colleagues including his juniors, vide Annexure P-9 with all consequential benefits.

(2.) Brief facts of the case are that the petitioner was appointed in the Haryana State Agricultural Marketing Board as Sub Divisional Officer on 01.04.1975 and thereafter was promoted to the post of Executive Officer by respondent No 2. The promotion of the petitioner as Executive Engineer was pre-poned vide order dated 30.06.1993 (Annexure P-1) and the petitioner was deemed to be promoted w.e.f 12.05.1981. The petitioner was further promoted to the post of Supdt. Engineer, vide endrosement dated 10.11.2006 w.e.f 17.09.1999 (Annexure P-2). Thereafter, F.I.R No. 120 dated 24.04.2001 was registered against the petitioner under Sections 7/13/49/88 of the Prevention of Corruption Act and he was placed under suspension vide order dated 25.04.2001 and was also issued charge sheet under Rule 7 of HCS (P&A) Rules, 1987 vide memo dated 08.01.2002. The petitioner submitted his reply to the charge sheet on 16.04.2002. He was reinstated subject to final decision of criminal proceedings as well as without prejudice to the pending departmental enquiry vide order dated 26.04.2002. The petitioner was thereafter convicted vide order dated 17.09.2002 and he filed appeal against order dated 17.09.2002 and his sentence was suspended on 08.10.2002, during the pendency of the appeal. Thereafter, the suspension orders of the petitioner were revoked on 28.04.2002 by the respondent-Board. The petitioner continued in service till 22.04.2008 and the petitioner was to retire on 30.04.2009 on attaining the age of suppernuation but in pursuance of the decision taken by the Board of Directors in its meeting dated 16.04.2008 (annexure P-3), the petitioner was dismissed from service on 22.04.2008 on the ground of his conviction despite the fact that he was acquitted of the charges framed against him. The Honourable High Court accepted the appeal of the petitioner, vide judgment dated 17.12.2012 (Annexure P-4) and set aside the judgment of conviction dated 17.09.2002 and the acquitted the petitioner of the charge. The petitioner made representation for revocation of dismissal order dated 22.04.2008 and after getting no response, he approached this Court by filing CWP No. 10487-2014, which was allowed on 14.01.2016 (Annexure P-5). Thereafter, the pay scale of the Engineers were revised w.e.f 01.05.1989 vide circular dated 02.06.1989 (Annexure P-6) by the respondent-State. The said circular was further modified vide circular dated 16.05.1990 (Annexure P-7) with a rider that the selection grade of Rs.4100-5300 shall be limited to 20% of the cadre posts. But the respondent-Board has not granted the said benefit to the Engineers serving the respondent-Board including petitioner. This matter came up for consideration before this Court in various writ petitions including CWP No. 13055-1993 titled as Anil Kumar Aggarwal and another Vs. State of Haryana and others, the same was decided on 16.04.2009 (Annexure P-8) and the respondents were directed to grant the benefit of circular dated 02.06.1989, as modified vide order dated 16.05.1990.

(3.) The respondents granted this benefits to the seniors of the petitioner namely Deepak Talwar, Prem Singh and juniors of the petitioner namely Vijay Parkash and S.K. Nangru in the meeting of the Administrative Committee of the respondent-Board on 14.01.2011 (Annexure P-9). However, the Committee deferred the case of the petitioner on the ground thsat 70% of the ACR for the year 1979-80 is doubtful and opinion of the Chief Secretary Haryana was decided to be obtained. The petitioner gave representations dated 15.06.2011 and 17.08.2015 for grant of selection grade to him w.e.f 01.05.1989 (Annexure P-10 and 11) but no action has been taken till date.