BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the grievance which is being raised by the petitioner is against order dated 11.12.2014 (Annexure P-9) by which, the benefit of 3rd ACP granted to the petitioner, has been withdrawn. Further challenge is also to the order dated 12.01.2015 (Annexure P-10) vide which the pay of the petitioner has been refixed and recovery amounting to Rs.32,229/- has been made, being contrary to the law.

(2.) Further prayer of the petitioner is to step up the pay of the petitioner equivalent to his junior Sh. Wazir Singh, who was getting higher pay then the petitioner, which is impermissible keeping in view the order passed by the Hon'ble Supreme Court of India in Civil Appeal No.3250 of 2006 titled as Commissioner and Secretary to the Government of Haryana and others Vs. Ram Sarup Ganda and others, decided on 02.08.2006, read with the instructions dated 27.01.2015 issued by the Government of Haryana.

(3.) The facts as stated in the writ petition are that the petitioner was recruited on the post of Dak Runner on 17.12.1976. He was further promoted as a Daftri w.e.f. 23.01.1980 and thereafter, as a Clerk on 24.11.1982. On the basis of seniority-cum-merit, petitioner was further promoted as Sub Divisional Clerk on 24.03.2011 and ultimately, while working on the said post, petitioner retired on attaining the age of superannuation on 31.03.2015. While the petitioner was in service, respondents passed an order on 11.12.2014 by which, the benefits of 3rd ACP granted to the petitioner on 11.01.2013, w.e.f. 01.12.2012 was withdrawn and consequent upon the withdrawal of the grant of the benefit of 3rd ACP, the pay of the petitioner was refixed by the respondents on 12.01.2015 and after the refixing the salary, the respondents found that the petitioner was paid an excess amount of Rs.32,229/-, which was recovered from the petitioner in installments.