RAJINDER SINGH MATHURIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as Computer in the Directorate of Higher Education Haryana. Vide order dated 9.7.1975 (Annexue P-2), he was promoted as Statistical Assistant in the office of DPI, Haryana, Chandigarh in the grade of Rs. 225-15-360/20-500. As per averments made in para-8 of the writ petition, the petitioner who is a graduate with Economics completed two years' experience on 9.7.1977. Since the petitioner possessed the requisite qualification prescribed for the post of Technical Assistant in ESA Organisation on 9.7.1977, he claimed the grade of Rs. 300-25-450/ 25-600 with effect from the said date.

(2.) Mr. Sharma, the learned counsel appearing on behalf of the writ petitioner submits that the point raised in this writ petition is fully covered by a Division Bench judgment of this Court in Civil Writ Petition No. 17836 of 1991 Jagdev Singh v. State of Haryana decided on 2.4.1992 (copy of which has been annexed as Annexure P-5). He, therefore contends that the writ should be allowed in terms of the aforesaid decision.

(3.) Mr. Khanna, the learned AAG, however, submits that on the date (9.7.1975) on which the petitioner was appointed as Statistical Assistant, did not possess the requisits qualification prescribed for the said post and as such he was not entitled to the scale of Rs. 300-600. In this connection he has referred to preliminary objection No. 1 of the written statement filed on behalf of the respondent. He, therefore, contends that the petitioner is not entitled to any relief.