STATE OF HARYANA Vs. SITA RAM

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the judgment dated 07.12.2015 in CWP No.4445 of 2015 titled 'Sita Ram v. State of Haryana and others' whereby the writ petition filed by the respondent was allowed.

(2.) The respondent joined as Gram Sachiv in the Panchayat Department of the State of Haryana on 07.03.1979. He was promoted as Social Education and Panchayat Officer on 18.06.1998. Vide order dated 19.08.2009, he was given Current Duty Charge (CDC) of the post of BDPO in the pay-scale of Social Education and Panchayat Officer. He continued working as such but he was paid the salary of the Social Education and Panchayat Officer. He served legal notice dated 29.11.2013 for promoting him as BDPO and for grant of salary of BDPO for the period he was holding Current Duty Charge of that post. When no decision was taken on the legal notice, he filed CWP No.972 of 2014 which was disposed of on 21.01.2014 with a direction to consider and decide the legal notice within two weeks. Order dated 19.12.2014 was passed rejecting the case of the respondent for promotion as BDPO. However, there was no mention in the order with regard to his claim of salary of the post of BDPO (CDC). He retired on 28.02.2014 as BDPO (CDC) on attaining the age of superannuation.

(3.) He filed COCP No.3714 of 2014 alleging non-compliance of order dated 21.01.2014. Thereafter, order dated 04.02.2015 was passed rejecting his claim for salary as BDPO for the period when he held Current Duty Charge as such. Aggrieved, he filed the writ petition, which has been allowed. The respondent was held entitled to the higher salary of the post of Block Development and Panchayat Officer (for short 'BDPO') for the period he discharged the higher responsibility as a BDPO. Hence, the present appeal by the State of Haryana.