G. L. BATRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 13029 of 1997 and 5684 of 2007 as common question of law and facts are involved.

(2.) THE petitioner Shri G.L. Batra has approached this Court with a prayer for quashing order dated 15th April, 1997/6th May. 1997 (P -13) fixing his pay as Chairman, Haryana Public Service Commission (for brevity, 'HPSC) with effect from 6th July, 1994, under Regulation 6 of the Haryana Public Service Commission (Conditions of Services) Regulations, 1972 (for brevity,' Haryana Regulations'). His grievance is that his basic pay has been reduced from Rs. 7,500 per month to Rs. 4,135 per month by deducting the retiral benefits being paid to him.

(3.) THE principal ground of challenge of the petitioner is that had he remained in his parent department i.e. Lok Sabha Secretariat as Additional Secretary, he would have earned increment with effect from 1st September, 1994 and his basic pay would have been Rs. 7,600 per month. Me was senior most Additional Secretary and was likely to be promoted as Secretary' General. Lok Sabha. which is a post equivalent to the status of Cabinet Secretary. It has, thus, been asserted by the petitioner that the last pay drawn by him was required to be protected upon his appointment as Chairman of the MPSC. In that regard he made a representation to the State Government as well as the MPSC (P -3 & P -4). On 15/18th March, 1996, in relaxation of the provisions contained in Regulation 6 of the Haryana Regulations, his pay was fixed at Rs. 7,500 per month with effect from 6th July, 1994 as a personal measure to him (P -5). The aforementioned order was silent about the date of admissibility of allowance. Therefore, the MPSC sent a reference to the Government on 20th June, 1996 seeking clarification as to whether the allowances were to be given with effect from 1st January, 1986 as given to other State Government employees or with effect from 1st January. 1989 when Regulation 6 was amended to include 'allowances' in addition to the basic pay (P -6). The petitioner separately also represented to the Government through the Chief Secretary, Maryana (P -8). The aforementioned request was rejected, - -vide order dated 23rd October. 1996 and the Government reiterated its earlier decision (P -9). Subsequently, order, dated 18th March, 1996 fixing the remuneration of the petitioner in relaxation of Regulation 6 was withdrawn and the excess payment made to him were ordered to be recovered, - - vide order, dated 29th November, 1996 (P -10).