(1.) In this writ petition, the petitioner has prayed for a writ in the nature of mandamus directing the respondents to give him the pay scale of HVS Class-I service of Rs. 1400-2100 and other financial benefits from the date when he was appointed as Deputy, Director (Feed and Fodder), on 4.7.1983.
(2.) The petitioner who possesses the qualification of B.Sc. (Agriculture) joined the service as Agricultural Inspector in the Agricultural Department of the Government of Haryana on 5.7.1971. He was sent on deputation to the Animal Husbandry department with effect from 1.8.1979. While working in the said department, the petitioner was selected by the Haryana Public Service Commission for appointment on the post of Deputy Director (Feed and Fodder) on the basis of an advertisement published in the Daily Tribune dated 16.7.1986. The Government of Haryana appointed the petitioner as Deputy Director (Feed and Fooder) in the scale of Rs. 1200-1850 in the HVS Class-I vide order dated 27.4.1987 (copy Annexure P.2). It may be relevant to note here that in between the petitioner was appointed as a Deputy Director (Feed and Fodder) on ad hoc basis in his own pay-scale on 4.7.1983.
(3.) Mr. Ahuja, learned counsel appearing on behalf of the petitioner submitted that the petitioner was appointed against the post of Deputy Director (Feed and Fodder) which was a cadre post under the Haryana Veterinary Service Class-I Rules, 1993. In this connection, he drew my attention to the letter dated 8.5.1968 (Annexure P-9) and submitted that as on 1.11.1966 there were three posts of Deputy Directors General, Agriculture and Animal Husbandry in the Animal Husbandry Department of Haryana in the pay scale of Rs. 350-1200. He further submitted that letter dated 10.9.1982 (copy Annexure P-1) shows that the pay scale of the Deputy Director and other allied posts in PVS Class-I in the Animal Husbandry Department was Rs. 600-1300. This scale was revised to Rs. 1200-1850 with effect from 18.4.1979 and was further revised to Rs. 1400-2100 w.e.f. 1.2.1981. The learned counsel contended that since the petitioner was also appointed to the post of Deputy Director in HVS Class-I (same as PVS Class-I) he was entitled to pay scale of Rs. 1400-2100 w.e.f. 27.4.1987. He also submitted that the Deputy Directors working in the Veterinary Department were getting pay scale of Rs. 1400-2100 and the petitioner who was holding the post of Deputy Director in the non-Veterinary Wing of the department, should not be deprived of the scale of Rs. 1400-2100 merely because he was not working in the Veterinary wing of the department. In support of his submission, the learned counsel has placed reliance on the following DB judgments of this Court:- 1. Harkishan Vs. State of Punjab, 1987(5) SLR 539 . 2. Haryana State Biologists Association Vs. State of Haryana, 1994(4) RSJ 444 : 1994(3) SCT 198 .