Punjab-Haryana High Court
Hem Raj vs Shri Amardeep Jain And Anr on 23 August, 2012
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
COCP No.1646 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
COCP No.1646 of 2012(O&M)
Date of decision: 23.08.2012
Hem Raj ......Petitioner(s)
Versus
Shri Amardeep Jain and anr. ......Respondent(s)
CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: None for the petitioner(s).
Mr. Ashok Jindal, Additional Advocate General, Haryana.
Rakesh Kumar Garg, J.(Oral)
Non compliance of the order dated 14.5.2010 passed in CWP No.7988 of 2010 has been alleged in this petition.
Reply by way of affidavit of Sh. Amardeep Jain (HCS), Sub Divisional Officer (Civil), Hisar, has been filed in Court.
The relevant paragraph of the aforesaid affidavit reads thus:
That, in compliance of this order passed by this Hon'ble Court and letter No.6/48/2009-2PR(FD) dated 16.12.2010 issued by the Finance Deptt., Haryana, Chandigarh regarding grant of benefit of past service rendered in Boards/Corporations (HSMITC) towards re-fixation of pay and grant of retiral benefits, the pay of Hem Raj, Patwari (Retd.), whose date of regular appointment in HSMITC is 30.09.1976 and adjusted in Revenue Deptt. w.e.f. 08.08.1997 on "Appointment and COCP No.1646 of 2012 2 transfer basis", has been refixed as under:-
Date Existing pay scale and Revised pay Remarks pay 1200-5450-8000 scale + SP and pay fixed 5200-
20200 + GP
3300
1200- 1400- 5450- 5200-20200 +
2040 2600 8000 GP 3300
01-10-95 1470/- 5450/- HSS-II Grade
01.10.96
01-10-96 1520/- 5450/- HSS-II Grade
01.10.96
01-10-97 5600/-
01-10-98 5750/-
01-10-99 5900/-
01-10-00 6050/-
01-10-01 6200/-
01-10-02 6350/-
01-10-03 6500/-
01-10-04 6650/-
01-10-05 6800/-
01-01-06 6800/- 12650+3300= Pay scale
raised w.e.f.
15950
01.01.06
01-07-06 13130+3300=
16430
01-07-07 13630+3300=
16930
01-07-08 14110+3300= D.O.R
30.11.08
17440
The copy of the letter dated 16.12.2010 is annexed herewith as Annexure R-1. As per the above mentioned table and refixation of pay of the petitioner, the total amount arrear of pay amounting to Rs.1,19,903/- has been paid to him vide bill No.307 dated 21.03.2011. The copy of the bill dated 21.03.2011 is annexed herewith as Annexure R-2.COCP No.1646 of 2012 3
The 1st and 2nd Higher Standard Scales have already been grnated to the petitioner w.e.f. 01.01.1996 and 3rd ACP is not being granted to the petitioner as he has not passed the departmental examination of Kanungo. Passing of departmental examination is a precondition for grant of 3rd ACP as per Rule 5 (3)(B) of ACP Rules, 1998 and Rule 8 of the ACP Rules, 2008 as well as vide letter No.6/48/2009-
2PR (FD) dated 16.12.2010 issued by Finance Deptt., Haryana, Chandigarh. For promotion to the post of Kanungo, the Patwaris are required to pass the Kanungo examination held by the Director as per Appendix-B to Rule 7 of the Haryana Kanungo Service (Group-C) Rules, 1981. Hence the contempt petition is liable to be dismissed on this ground only."
In view of the aforesaid reply, this Court is not inclined to proceed further in this petition.
Dismissed.
August 23, 2012 (RAKESH KUMAR GARG) ps JUDGE