High Court Punjab-Haryana High Court

O.P. Gupta vs State Of Haryana on 16 November, 2009

Punjab-Haryana High Court
O.P. Gupta vs State Of Haryana on 16 November, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH.


                                       L.P.A. No.854 of 2009(O&M)
                                       Date of decision: 16.11.2009

O.P. Gupta.
                                                       -----Appellant
                                 Vs.
State of Haryana.
                                                    -----Respondent


CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
              HON'BLE MR. JUSTICE GURDEV SINGH

Present:-     Mr. R.L. Batta, Sr. Advocate with
              Ms. Gita Sharma, Advocate
              for the appellant.
                    ---


ORDER:

1. This appeal has been preferred against order of

learned Single Judge, partly allowing the writ petition to the extent

of directing grant of revised pay scale of Rs.18750-22850 w.e.f.

1.11.1997 for the period of his working as President of District

Consumer Forum and also to give benefit of enhanced leave

encashment along with arrears for the period of his judicial

service prior to re-employment as President of District Consumer

Forum. Claim for revised pay w.e.f. 1.1.1996 and increase in

pension and gratuity and leave encashment period by counting

service on reemployment was rejected.

LPA No.854 of 2009 2

2. Undisputed facts are that the appellant retired as

District Judge in 1995 and was reemployed as President of

District Consumer Forum for five years as per terms of

appointment mentioned in order dated 18.10.1995, Annexure R-1.

3. The appellant claimed that on his reemployment, he

should be treated at par with other officers in Govt. service

including pay revision w.e.f. 1.1.1996 and revised pension,

gratuity and leave encashment by counting period of

reemployment and in any case, he could not be denied pay scale

given to directly appointed Presidents of District Fora w.e.f.

1.11.1997.

4. Learned Single Judge upheld claim for higher pay

scale w.e.f. 1.11.1997 on principle of equal pay for equal work but

rejected claim for being treated equal to other serving officers for

revised pay scale and for counting reemployment service,

following judgment of the Hon’ble Supreme Court in M.S. Chawla

and others v. State of Punjab and another AIR 2001 SC 1706.

5. We have heard learned counsel for the appellant.

6. It was submitted that notwithstanding his retirement

and terms of reemployment, the appellant was entitled to revised

pay scale and counting service on reemployment for purposes of

gratuity, pension etc.

6. We do not find any merit in this contention. The

appellant had retired from service in the year 1995. He could not,
LPA No.854 of 2009 3

thus, seek parity with the employees who were in service in the

year 1996 and were governed by revised pay scale.

7. In M.S. Chawla (supra), the Hon’ble Supreme Court

held that appointment of a District Judge as President of District

Consumer Forum is a case of reemployment and his pension had

to be fixed as per rules, on the basis of pension payable to a

retired District Judge. In view of the said judgment, learned

Single Judge rightly held that the re-employment service could

not be counted for pension, gratuity or leave encashment.

9. We, thus, do not find any ground to interfere with the

view taken by the learned Single Judge.

10. Accordingly, the appeal is dismissed.


                                      (ADARSH KUMAR GOEL)
                                              JUDGE


November 16, 2009                          ( GURDEV SINGH )
ashwani                                         JUDGE