SUJATA SHARMA Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) The petitioner, who is presently working as Personal Assistant in the office of Chief Information Commissioner, an excadre post, was earlier also working on another ex-cadre post in the State Land Use Board, Haryana. She is aggrieved against the action of respondents in not protecting her pay, which she was drawing in the ex-cadre post while fixing her pay in the present ex-cadre post, where she stands transferred. The petitioner filed a representation against the same, which has been rejected. She has accordingly filed the present petition.

(2.) The facts, in brief, are that the petitioner was appointed as Steno-typist on adhoc basis in the office of Chief Secretary on 25.1.1989. Her services were regularised in March, 1991. She was promoted as Junior Scale Stenographer on 10.3.1995. She was selected and appointed as Senior Scale Stenographer in the State Land Use Board, Haryana on 19.11.1996. However, her lien remained in the office of Chief Secretary. The petitioner has thereafter continued to work in the State Land Use Board, which is an ex-cadre post. She has also qualified in the departmental promotion test held on 26.5.2007 and thereafter she was given proforma promotion as Senior Scale Stenographer in her parent cadre, i.e. office of Chief Secretary, Government of Haryana w.e.f. 12.6.2007.

(3.) In the year 2008, State Information Commissioner, respondent No. 2, invited applications for filling up two posts of Personal Assistants by way of transfer from amongst the staff already working in various organization/departments. The petitioner applied in response to the same and was selected for the post on 24.1.2008. Respondent No. 2 accordingly wrote a letter to respondent No. 1 to place the services of the petitioner at their disposal. On 28.1.2008, State Land Use Board relieved the petitioner and repatriated her to her parent department w.e.f. 30.1.2008. Respondent No. 1 placed the services of the petitioner at the disposal of respondent No. 2 w.e.f. the same date, i.e., 30.1.2008 on transfer basis. The last pay certificate as a Senior Scale Stenographer was also issued by the State Land Use Board showing the last pay drawn by the petitioner to be Rs. 7100/-.