IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
L.P.A. No. 32 of 2008
Date of Decision: 19.12.2008
State of Haryana and anr.
....Appellants
Versus
Bhalle Ram and ors.
...Respondents
CORAM : Hon'ble Mr. Justice J.S. Khehar.
Hon'ble Ms. Justice Nirmaljit Kaur
Present:- Ms. Ritu Bahri, D.A.G., Haryana
for the appellants.
Mr. T.P.S. Chawla, Advocate
for the respondents.
J.S. KHEHAR, J. (ORAL)
The controversy in the present appeal revolves on the
interpretation of the following clarification of the Scheme of Government
dated 07-08-1992 :-
” In case the Higher Standard Pay Scale of the
lower post happens to be higher than the pay scale of
the promotional post, the pay scale of the senior shall
be stepped up to the level of pay scale of his junior and
his pay will fixed assuming higher responsibilities for the
pay scale so granted.”
All the respondents were admittedly senior of Bani Ram and
Satya Narain. All the respondents, Bani Ram and Satya Narain
were members of the cadre of Clerks. On account of their seniority, the
L.P.A. No. 32 of 2008 -2-
respondents claimed stepping up of their pay/pay scale to the level of their
juniors Bani Ram and Satya Narain. In the first instance, the claim raised
by the respondents was unilaterally accepted by the State Government.
However, subsequently the same was withdrawn. The withdrawal of the
aforesaid benefit came to be challenged by the respondents by filing Civil
Writ Petition No.1370 of 2000. The aforesaid writ petition was allowed on
28-11-2007. The claim of the respondents was accepted. Their stepping
up, in the first instance, was upheld whilst the withdrawal of the aforesaid
benefit (of stepping up) at the subsequent juncture was set aside by this
Court while disposing of CWP No.1370 of 2000 on 28-11-2007.
The instant Letters Patent Appeal has raised a challenge to
the determination rendered by the learned Single Judge.
During the course of hearing, on an expressed query, learned
counsel for the appellants informed us that the lower post in reference to
the higher post in the clause extracted here-in-above, is the post of
Restorer. On a further query, learned counsel for the appellants
acknowledges that the higher standard pay scale of the post of Restorer is
higher than the pay scale of the promotional post of Clerk.
Thus viewed, we are satisfied that the respondents herein,
were entitled to step up pay/pay scale so as to enable them to draw salary
in the scale of their juniors, in terms of the clause, extracted here-in-above.
Thus viewed, we find no infirmity in the judgment rendered by this Court in
CWP No.1370 of 2000.
Dismissed.
(J.S. KHEHAR)
JUDGE
(NIRMALJIT KAUR)
December 19, 2008 JUDGE
gurpreet