HARDYAL SINGH BHARDWAJ Vs. HIMACHAL PRADESH VIDHAN SABHA

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that a proposal was mooted by respondent No.1 to the Government i.e. respondent No.2 for creation of one post of Public Relation Officer in the year 2002. A memorandum for consideration for Council of Ministers was prepared by the Secretary (GAD) on 4.2.2004. Cabinet decided to create one post of Public Relation Officer on fixed emoluments of Rs. 8000/- per month on contract basis for a period of one year.

(2.) The decision was conveyed to respondent No.1. In sequel thereto, a public notice was issued by Secretary, Vidhan Sabha on 17.2.2004 whereby applications were invited from the persons possessing the requisite qualifications for filling up the post of Public Relation Officer. Petitioner was selected on 30.5.2004. He was appointed on 3.7.2004. It was proposed to designate the post of Public Relation Officer to the post of Public Relation Officer-cum-Protocol Officer. This proposal was also approved by the Speaker. Consequently, the matter was placed before the Council of Ministers vide memorandum dated 23.11.2004. Necessary approval was accorded for the creation of post. In sequel thereto, the Departmental Promotion Committee met and made recommendation of the petitioner's name for the post of Public Relation Officer-cum-Protocol Officer on 24.12.2004. Petitioner made a detailed representation for the grant of pay scale Rs. 7200-11660 on the analogy of Information and Public Relation Department of the Government of Himachal Pradesh and other public undertakings. Respondent No.1 forwarded the proposal to respondent No.2 on 18.12.2006. A Cabinet memorandum was placed before the Council of Ministers relating to revised pay scale to the post of Public Relation Officer-cum-Protocol Officer on 13.9.2007.

(3.) The Government took a decision to grant the revised pay scale of Rs. 7200-11660 plus Rs. 400/- secretariat allowance for the post of Public Relation Officer-cum-Protocol Officer. The pay of the petitioner was re-fixed in the pay scale of Rs. 7200-11660 vide office order dated 1.10.2007. Respondent No.2 wrote two letters dated 2.2.2008 and 16.2.2008 to the Speaker, Himachal Pradesh Vidhan Sabha. Letters dated 2.2.2008 and 16.2.2008 were replied by respondent No.1 on 3.3.2008. Thereafter a proposal was given in the memorandum dated 11.3.2008 pursuant to which the Cabinet approved the proposal. In sequel to the decision taken by the Cabinet, the pay of the petitioner was reduced from Rs. 7200-11660 to Rs. 6400-10640 with effect from 19.3.2008 vide letter dated 11.4.2008. Petitioner made a detailed representation to respondent No.1 on 16.4.2008.