PREM CHAND MANCHANDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) I. Nature of lis.

(2.) THE benefit of retaining the stepped -up pay by giving effect to Assured Career Progression Scales in the department of PWD and its subsequent withdrawal by the department gives rise to these bunch of writ petitions that effect fairly a large number of persons who have figured as Petitioners in the respective writ petitions. C.W.P. No. 4563 of 2007 seeks for quashing of the proceedings of Respondent No. 2 dated 15th January, 2007 (Annexure P -6) under which the increased pay scales granted to the Petitioners earlier on 8th March, 1996 had been withdrawn. The impugned order, however, clarified that no recoveries would be effected with retrospective effect but that recovery would be effected from 23rd July, 2003 i.e. from the date of issue of instructions by the Finance Department. The impugned order further stated that the pension of the retirees would be compunded/refixed notionally for the period prior to the date of issue of instructions dated 27th March, 2003 and actually from the date of issuance of directions i.e. 23rd July, 2003. C.W.P. Nos. 9780 and 12144 of 2008 impugned the order of Respondent No. 2 issued on 17th April, 2008, similarly, withdrawing the benefits of stepping up of pay granted to the Petitioners and for recovery in the manner stated in the earlier order.

(3.) ALL the Petitioners had initially joined services of the Respondent -department as Draftsmen. The promotional post for them was Head Draftsmen. During their employment with the Respondent -department, pay scales of all categories had been revised with effect from 1st January, 1986 and consequent upon some anomalies pointed out by the employees association in some departments, pay scales were modified with effect from 1st May, 1990 instead of 1st January, 1986. The modification of the pay scales meant better emoluments but they had the benefit only from 31st April, 1990 through modified instructions issued on 23rd August, 1990. The department came to issue another set of instructions on 8th February, 1994 providing for Assured Career Progression Scales to prevent stagnation in service. The issue of how these instructions operated in the manner of their application together with the subsequent modifications that were effected gives rise to the core controversy between the parties.