KRISHNA ARYA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In the year 1980, the pay scale of the petitioner was revised with effect from 1.4.1979. All such persons whose pay scales were to be revised were given options whether they wanted to retain the old pay scales or they wanted to shift to the revised pay scales. The options were to be given within the stipulated period. The petitioner is stated to have opted for revision of pay scale with effect from 1.4.1979.

(2.) The petitioner had filed earlier writ petition No. 17084 of 1994 for the grant of Selection Grade with effect from 18.6.1976. That writ petition, alongwith some other writ petitions, were allowed and in compliance with the directions given in those judgments, an order was issued by the District Education Officer, Hisar dated 28.6.1995 (copy Annexure P-2) granting Selection Grade of Rs. 250-300 to the petitioner with effect from 18.6.1976. Thereafter, the petitioner submitted an application on 5.9.1995 for changing the date of the option regarding shifting to the revised pay scale. Instead of 1.4.1979, the petitioner wanted to opt. 1.6.1979 as the date. Had he given this option earlier i.e. with effect from 1.6.1979, there could not have been any objection on the part of the respondents as it was a permissible date with effect from which the revised pay scale could be opted. Since no response was given by the respondents regarding change of option of the date, the petitioner filed the present writ petition. Notice of motion was issued. Reply has been filed.

(3.) The stand of the respondents here is that once the petitioner had opted for the new pay scales with effect from 1.4.1979, he cannot be allowed to change the option once given as that was the stipulation in the earlier Notification by which the pay scales were revised with effect from 1.4.1979. On the other hand, learned counsel for the petitioner argued that by retrospective grant of Selection Grade vide order dated 28.6.1995 with effect from 18.6.1976, the pay of the petitioner has been changed with effect from 18.6.1976 and since this new fact has come into being on 28.6.1995, the petitioner can legitimately ask for the change of option regarding the date within a reasonable time after 28.6.1995 and the petitioner had asked for the change of the date of option within three months on 5.9.1995.