ANOOP SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicants herein have prayed for the following reliefs: - (i) That the respondents be directed to implement the directions contained in Annexure P -6 and P -4 for the purpose of monetary benefits accruing after the finalization of seniority and confirmation of late Sh. Ramesh Chander Sharma predecessor -in -interest of the applicants, (ii) That respondents be directed to amend the pay fixation orders Annexures P -18 and P -19 in the spirit of Annexure P -6. (iii) That the respondents be directed to sanction the difference on account of group insurance to the extent of Rs. 60,000/ - out of Rs. 80,000/ - admissible for Class -I, employee with respect to Annexure P -6. (iv) The respondents be directed to implement the directions contained in Annexure P -2 qua the difference in pay or the period 26.4.1962 to 1.7.1964. (v) That the respondents be directed to pay the salary for the period from 21.7.1977 to 24.2.1981 as detailed in Annexure P -21. (vi) That the respondents be directed to disburse the pension amount in accordance to the spirit of Annexure P -6 and the minimum amount at the present rate, i.e. Rs. 375/ - be declared null and void.

(2.) In brief the case of the respondents as made out in this original application is that applicants are the legal heirs of late Shri Ramesh Chander Sharma, who while serving as Supdt. Probation Hostel, in the respondent department died on 25.5.1985. Shri Ramesh Chander Sharma had joined as Assistant Welfare Officer -Cum -Assistant Public Relation Officer in the Community development Department in the pay scale of Rs. 150 -10 -300 in the year 1959. Subsequently, he was selection as Superintendent Bal Asharm in Welfare department through competitive examination held by the department and was placed in the pay scale of Rs. 250 -20 -450 w.e.f. 22.2.1960. On 29.8.1960, one Shri B.S. Goel was appointed as Superintendent Probation Hostel in Welfare Department in the pay scale of Rs. 250 -20 -450. The posts of Superintendent Bal Ashram and Supdt. probation Hostel are regulated by the same Recruitment and Promotion Rules, 1965. Copy if seniority lists of the year 1961 is annexed as Annexure P -1. On 10.4.1962, Bal Ashram Tuti Knandi was transferred to voluntary organization and as a result the post of Supdt. of Bal Ashram ceased to exist and late Shri Sharma was sent back to Community Development department. Being aggrieved, he made representation and ultimately he was appointed as officiating Superintendent Probation Hostel in the Welfare department vide order dated 21.5.1964 Annexure P -2. In the year 1971, the respondents while ignoring the claim of late Shri Sharma promoted his junior Shri B.S. Goel as District Welfare Officer Gazetted Class -ll in the pay scale of Rs. 250 -25 -500 vide order dated 5;" June, 1971 Annexure P -3 and also confirmed him as Class II officer vide order dated 29.3.1975. That late Shri Sharma made representations against the promotion and also confirmation of Shri B.S. Goel. In the year 1977, the respondents had abolished the post of Supdt. Probation Hostel and equated this post to the post of Supdt. Child Home and late Shri Sharma was forced to join the same, failing which, he would got reversion. On 20.12.1077, late Shri Sharma joined on this post without prejudice to his rights and represented against his new assignment also. The respondents ultimately confirmed him vide order dated 23.3.1981 Annexure P -4 retrospectively w.e.f. 2nd February, 1966 and vide order dated 21.2.1981, Annexure P -6 late Shri Ramesh Chander Sharma was given seniority over Shri B.S. Goel, Shri B.S. Goel assailed the order Annexure P -6 by filing Civil Writ Petition No. 57 of 1981 titled B.S. Goel Vrs. State of H.P. and another before Honble High Court of H.P. wherein the Honble Court on 11.5.1981 was pleased to order that, "the petitioner shall not be reverted from his present grade nor any other order prejudicial to his interest shall be passed during the pendency of this Writ Petition. If any promotion is made during the pendency of writ petition, that shall be subject to the result of this writ petition". The respondent State in their reply (copy whereof are at Annexures P -9 and P -10) filed in C.W.P. No. 57 of 1981, had explained the position of seniority of late Shri R.C. Sharma vis -a -vis Shri B.S. Goel. In the year, 1986, the aforesaid Writ Petition was transferred to this Tribunal and was registered as T.A. No. 387 of 1986. During the pendency of this proceeding, the present applicants were given liberty to bring the fresh application, if needed (vide order dated 30.9.1991). The T.A. No. 387 of 1986 was finally dismissed vide order dated 28.10.1991 Annexure P -12. Thereafter, the respondents started the process of the settlement of the pending claims of the applicants. The applicants submitted representation dated 11.10.1991 Annexure P -16 to respondent No.2 for the earliest settlement of the claim with respect to anomaly of pay scales, group insurance, pension etc. The respondents vide Annexure P -17 dated 24.6.1992 has ordered to release the amount of Rs. 39,293/ -as revised arrears due to revision to pay scale from 1.2.1968 and 1.1.1978, but contrary to the order Annexure P -17 the applicant has received Rs. 34,487/ - on account of arrear on 8.2.1993 which were received under protest vide Annexure P -20. The applicants submitted detailed representation dated 25.2.1993, copy whereof is at annexure P -21, but the respondents had not replied as yet. It is further stated that the action of the respondents to create a pay anomaly between the post of Supdt. Probation Hostel and Probation Officer is illegal. The Finance department vide letter dated 21.7.1990 addressed to the Joint Secretary (Personnel) has clinches the issue in favour of applicants and the respondent has to indicate only that the post of Supdt. Probation Hostel in H.P. is under Welfare department and. the same post in Punjab is under the Jail department. After the seniority was revised vide Annexure A -6 dated 21.2.1981, late Shri R.C. Sharma was entitled to the post of grade Class -I, since his junior Shri B.S. Soel in 1981 was serving as Child Development Project Officer. Consequently, after the death of Shri R.C. Sharma the applicants are entitled to get all the monetary benefits accrued from the date of his confirmation as Supdt. Probation Hostel. It is also the case of the applicants that the respondents have sanctioned Rs. 20,000/ - on account of Group Insurance to the legal heirs as against Rs. 80,000, so they are entitled to remaining amount of Rs. 60,000/ - as provided in the Group Insurance Scheme. It is further stated that the respondents have illegally withheld the pay of late Shri R.C. Sharma for the period from 31.7.1977 to 23.2.1981 and the decision of treating this period on leave/extraordinary leave is illegal and deserves to be quashed and treated as period spent on duty. The applicants are also entitled to get the difference in pay for the period from 26.4.1962 to 1.7.1964 as per order Annexure P -2. Hence, this original application.

(3.) The respondents have contested the claim of the applicants. In the reply filed by the respondents, material facts which are not admitted are that the period from 31.7.1977 to 23.2.1981 has been regularized by granting the leave of the kind due and leave salary for this period also stands released to Smt. Suman Sharma widow of late Shri Ramesh Chander on 29.10.1985. About the period from 26.4.1962 to 21.5.1964, it is stated by the respondents that Shri Ramesh Chander Sharma was appointed as Supdt. Bal Ashram Tuti Kandi w.e.f. 1960 by direct recruitment. Later on, Bal Ashram was transferred to non -Government agency, as a result of which, Shri Ramesh Chander had to be reverted to his present department namely Community Development department in April, 1962. He made representation against his reversion, and on reconsideration he was appointed as Superintendent Probation Hostel Solan w.e.f. 21.5.1964 and he joined as such on 20.6.64. It is further stated that the promotion aspect of Shri Ramesh Chander Sharma has been examined at Government level and keeping in view the principle of non -admissibility of monetary benefit on notional promotion and selection of Shri B.S. Goel to the post of District Welfare Officer (Gazetted) on selection basis as per D.P.C. held on 24.1.1968, it was decided not to review the earlier D.P.C. Even if, the D.P.C, would have been reviewed at that time Shri Ramesh Chander would have been promoted on notional basis and no monetary benefit would have accrued to him. It is averred that D.C.R.G. / pension and amount under Group Insurance Scheme has been paid according to the admissibility. The original application may be dismissed in the interest of justice.