High Court Punjab-Haryana High Court

Dakshin Haryana Bijli Vitran … vs D.N. Gupta on 24 October, 2008

Punjab-Haryana High Court
Dakshin Haryana Bijli Vitran … vs D.N. Gupta on 24 October, 2008
RSA No.3720 of 2007                                                    1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH.



                                        RSA No.3720 of 2007 (O&M)
                                        Date of Decision: 24.10.2008

Dakshin Haryana Bijli Vitran Nigam Ltd.
and others                                                .....Appellants

                                 Vs.

D.N. Gupta                                                ....Respondent

                                 ....
CORAM :      HON'BLE MR.JUSTICE RAJIVE BHALLA

                                 ****

Present :    Mr.Jasbir Mor, Advocate for the appellants.

Mr.Sachin Mittal, Advocate for the respondent.

….

RAJIVE BHALLA, J (Oral)

CM No.10438-C of 2007

For the reasons stated in the application, the delay of 47 days in

filing the appeal is condoned.

RSA No.3720 of 2007

The respondent-plaintiff filed a suit praying for grant of a

decree for declaration, in essence, praying that he be placed to the same pay

scale as his junior Baldev Singh, who by grant of the benefit of the ACP

scheme, was drawing a higher salary. The respondents opposed this prayer

by asserting that grant of a pay scale, equal to the pay scale being drawn by

Baldev Singh, would in essence, lead to the grant of a second benefit to the

appellant under the ACP Scheme. As grant of a second benefit under the

scheme is not permissible, the respondent cannot be granted this benefit.
RSA No.3720 of 2007 2

On the basis of the pleadings, the learned trial Court framed the following

issues :-

“1.Whether the plaintiff is entitled to 2nd ACP scale of

Rs.5450-8000 from 1.1.1996 with consequential

benefits ? OPP.

2. Whether the plaintiff is entitled to the relief of

mandatory injunction as prayed for ? OPP.

3. Whether the plaintiff has no locus standi to file the

present suit ? OPD.

4. Whether the suit is not maintainable in the present

form ? OPD.

5. Relief.”

After considering the entire dispute, the learned trial Court

decreed the suit by rejecting the appellants contention that by grant of parity

to the respondent in accordance with the pay scale being drawn by his

junior, the respondent would be granted a second benefit under the ACP

Scheme. It was held that the respondent’s claim was, in essence, a claim for

parity in the pay scale being drawn by his junior.

Aggrieved by the aforementioned judgement and decree, the

appellants filed an appeal. The District Judge, Gurgaon, dismissed the

appeal by affirming the findings returned by the trial Court.

Counsel for the appellants submits that the Courts below have

granted a second benefit under the ACP scheme. The respondent joined as a

Lower Division Clerk, was promoted as Upper Division Clerk and is now

working as Commercial Assistant. The impugned judgements and decrees,
RSA No.3720 of 2007 3

in essence, grant a second benefit under the ACP Scheme, which is

impermissible. It is, therefore, submitted that the judgements and decrees

passed by the Courts below be set aside.

Counsel for the respondent, on the other hand, submits that

though the respondent may have prayed for grant of a second benefit under

the ACP Scheme, his prayer is in essence for grant of the pay scale, being

drawn by his junior. It is submitted that as both the Courts below have held

that the respondent was senior to Baldev Singh, they rightly accepted the

claim for grant of the same pay scale as being paid to Baldev Singh.

I have heard learned counsel for the parties and perused the

impugned judgements.

Both the trial Court, as also the first appellate Court have

concurrently held that Baldev Singh though junior to the respondent is

drawing a salary in a higher pay scale than the respondent. As a result, the

Courts below did not commit any error in decreeing the suit. The respondent

cannot be placed in a scale lower to that of his junior. As no question of

law, much less substantial question of law arises for adjudication, the appeal

is dismissed.

24.10.2008                                         (RAJIVE BHALLA)
GS                                                      JUDGE