Punjab-Haryana High Court
State Of Haryana And Anr vs Parmod Kumar on 23 November, 2011
Author: Permod Kohli
Bench: Permod Kohli
LPA No.2151 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
DATE OF ORDER: 23.11.2011
State of Haryana and Anr. ...Appellant
VERSUS
Parmod Kumar
...Respondent
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
PRESENT: Mr.RKS Brar, Addl.A.G., Haryana
Permod Kohli, J. (Oral)
CM No.5791 of 2011 CM is allowed. Delay in filing LPA is condoned. LPA No.2151 of 2011 Order dated 11.5.2011 passed by learned Single Judge allowing CWP No.1406 of 2010 filed by the respondent herein claiming the higher pay scale of Rs.4000-6000 w.e.f. 16.6.2004, has been questioned in the present appeal. Briefly noticed the facts leading to filing of this appeal are that respondent was appointed as Gas Room Operator on 16.6.2004. The LPA No.2151 of 2011 (O&M) 2 qualification for the said post at the time of his appointment was matric with Science (Physics & Chemistry) and Diploma in Gas or Fitter Mechanical from ITI or recognized institutions as also knowledge of Hindi upto matric standard. After his appointment, the respondent claimed pay scale of Rs.4000-6000, in view of the recommendations of Pay Commission. Earlier, respondent herein had filed CWP No.12652 of 2008 which was disposed of vide order dated 23.7.2008 with a direction to the respondents therein to consider the claim of the petitioner therein. Appellant herein accepted the claim of the respondent, however, the benefit was allowed w.e.f. 1.1.2006. Aggrieved of the grant of benefit from the later date than his appointment, the respondent herein filed the writ petition claiming the benefit of the pay scale with effect from the date of his appointment. Learned Single Judge vide the impugned judgment allowed the writ petition primarily relying upon an earlier judgment of this Court passed in CWP No.15535 of 1999 which was upheld upto the Hon'ble Supreme Court. In that case, Hon'ble Supreme Court held that the employees appointed against Technical post after the notification dated 1.5.1990 whereby the anomaly in pay scales was rectified, would be entitled to the technical pay scale with effect from the date of their appointment and not from the date of notification.
Mr.Brar, learned counsel for the appellant has not disputed this fact. It is also not disputed that the respondent was appointed against a technical post and had the requisite qualifications prescribed for such post. In view of the earlier judgment, learned Single Judge allowed the claim of the respondent with effect from the date of his appointment. The appellant had earlier accepted the claim of the respondent, but with effect from the later LPA No.2151 of 2011 (O&M) 3 date i.e. 1.1.2006. On consideration of the entire controversy and the observations of learned Single Judge, we find no valid reason to interfere in the impugned judgment.
Dismissed.
(PERMOD KOHLI) JUDGE (TEJINDER SINGH DHINDSA) JUDGE 23.11.2011 MFK CWP No.10585 of 2010 4