LPA No.239 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: LPA No.239 of 2008
DATE OF DECISION: February 26, 2009
STATE OF HARYANA & OTHERS ...APPELLANTS
VERSUS
DARYA RAM ...RESPONDENT
CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON’BLE MS. JUSTICE NIRMALJIT KAUR.
PRESENT: MR. GAGANDEEP WASU, ADVOCATE FOR THE APPELLANTS.
MR. SANJAY VIJ, ADVOCATE FOR THE RESPONDENT.
ASHUTOSH MOHUNTA, J.(ORAL)
The State of Haryana is aggrieved by the judgement dated
13.2.2008, passed by the learned Single Judge whereby directions have been
issued to them to grant the respondent step-up of Rs.75/- per month w.e.f.
1.2.1981 and Rs.151/- per month w.e.f. 1.1.1986 upto 30.11.1996. The
arrears have been confined to a period of three years.
The respondent Darya Ram joined the services as Clerk in the
Department of Industries, Haryana on 12.12.1961 and was promoted to the
next higher post of Assistant in January, 1968. He was given the promotion
to the post of Legal Assistant on 31.1.1981 and he continued to work on the
said post till he was given promotion on regular basis on 20.10.1986, in the
pay scale of Rs.700-1250/-. Thereafter he was allocated to the Department
of Mines and Geology on 1.11.1989.
Earlier in the State of Haryana there was a difference in the pay
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scales of Legal Assistants in different Departments viz. Rs.225-500, 300-
600 and Rs.350-650/- . In order to bring uniformity in the pay scales, the
State of Haryana decided that a unified pay scale of Rs.700-1250/- to the
Legal Assistants in all the Departments in the State be given. Thereafter
vide Instructions dated 30.3.1982, the State of Haryana allowed special pay
of Rs.75/- per month to those Legal Assistants who were working in the
unified pay scale of Rs.700-1250/-. The unified pay scale was to be
admissible with retrospective effect, i.e. w.e.f. 1.2.1981 and after the
revision of pay scales they were entitled to a special pay of Rs.150/- per
month. In pursuance to the aforementioned instructions, three Legal
Assistants working the Department of Industries, Haryana, namely, S/Shri
S.P. Kaushal, Sudesh Kumar and Jawahar Lal who were on regular basis
were allowed special pay. However, the benefit of special pay was
withdrawn w.e.f. 1.6.1982, which was challenged by the aforementioned
persons by filing a civil suit which was decreed in their favour vide
judgement dated 30.5.1987, passed by Sub Judge Ist Class, Chandigarh.
This judgement was challenged by the State of Haryana by filing an appeal
before the District Judge, Chandigarh, however, the same was dismissed.
Thereafter, the State of Haryana filed RSA No.269 of 1992 which was also
dismissed by the High Court. No SLP was preferred against the judgement
of the High Court and hence the judgement attained finality.
The net result of the dismissal of RSA was that the
aforementioned three persons who were working as Legal Assistants were
held entitled to a special pay of Rs.75/- per month w.e.f. 1.2.1981 and
special pay of Rs.150/- per month w.e.f. 1.1.1986. The respondent filed
several representations to the petitioners to grant him the same relief as has
LPA No.239 of 2008 -3-
been granted to S/Shri S.P. Kaushal, Sudesh Kumar and Jawahar Lal, but to
no avail. Thereafter the respondent filed CWP No.4288 of 1995, which has
been allowed while the impugned judgement dated 13.2.2008.
Counsel for the appellant-State has contended that as per the
Circular dated 30.3.1982, special pay was admissible only to those Legal
Assistants who were in the pay scale of Rs.300-600/- and 350-650/- in the
pre-revised pay scale. However, as the respondent was in the pre-revised
pay scale of Rs.225-500/-, hence the Circular dated 30.3.1982, was not
applicable in his case. Learned counsel has further argued that the learned
Single Judge has erred in relying upon the judgement of RSA and the Civil
Courts while deciding the case of the respondent.
A perusal of the aforementioned facts shows that in order to
bring uniformity in the pay scales of Legal Assistants, all Legal Assistants
who were working in any Department of the State would be entitled to the
pay scale of Rs.700-1250/-. Thus, all the Legal Assistants started getting
the aforementioned pay scale. The benefits of the Circular dated 30.3.1982,
vide which special pay of Rs.75/- per month was given to the Legal
Assistants w.e.f. 1.2.1981 and subsequently Rs.150/- per month w.e.f.
1.1.1986, was also given to the three Legal Assistants working in the
Department of Industries, Haryana, namely, S/Shri S.P. Kaushal, Sudesh
Kumar and Jawahar Lal. As the said benefit of special pay was withdrawn
w.e.f. 1.6.1982, therefore, they filed civil suit which was decreed. The
subsequent appeal before the District Judge as well as the RSA before the
High Court filed by the State of Haryana were also dismissed. Therefore,
the Legal Assistants were held entitled to the special pay. As the
respondent was discriminated against and was not given the special pay of
LPA No.239 of 2008 -4-
Rs.75/- per month and Rs.150/- per month w.e.f. 1.2.1981 and 1.1.1986,
respectively, therefore, he challenged the action of the State by filing the
writ petition which has been allowed.
In our considered opinion the respondent who was also
working as Legal Assistant in the Department of Industries was entitled to
the benefits of the Circular dated 30.3.1982. His case was at part with
S/Shri S.P. Kaushal, Sudesh Kumar and Jawahar Lal who were also working
as Legal Assistants in the Department of Industries. There was no reason to
deny the respondent the special pay.
In view of the above, we find no infirmity in the judgement of
Learned Single Judge granting benefit of special pay of Rs.75/- per month
w.e.f 1.2.1981 and Rs.150/- per month w.e.f. 1.1.1986, upto 30.11.1996 to
the respondent The Letters Patent Appeal is accordingly dismissed.
(ASHUTOSH MOHUNTA)
JUDGE
February 26, 2009 (NIRMALJIT KAUR)
Gulati JUDGE