Punjab-Haryana High Court
B.D. Pruthi vs State Of Haryana And Others on 15 March, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
C.W.P No.21259 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P No.21259 of 2011
Date of Decision : 15.03.2012
B.D. Pruthi ...PETITIONER
Vs.
State of Haryana and others ... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. Vivek Khatri, Advocate,
for the petitioner.
Mr. Sunil Nehra, Sr. DAG, Haryana
for the respondents.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court impugning the order dated 06.10.2010 (Annexure P-10) vide which his prayer for granting him increment from the date he was entitled to i.e. 1st March of every year should be continued even after the revision of pay with effect from 01.01.2006 instead of 1st July, 2006 as is mandated under the Rule 10 of the Haryana Civil Services (Revised Pay) Rules, 2008 (hereinafter referred to as '2008 Rules').
Counsel for the petitioner states that Rule 10 of the '2008 Rules' stands quashed by the Division Bench of this Court in CWP No.16975 of 2010 titled as 'Ramesh Kumar and others Vs. State of Haryana and others' decided on 20.07.2011. His further contention is that a general direction has been issued by this Court that the petitioners and all other such employees shall be given increment on the date when they originally earned the same provided their date of increment falls between 01.01.2006 to 30.06.2006. He on this basis contends that the impugned order dated 06.10.2010 (Annexure P-10) cannot sustain.
I have gone through the impugned order dated 06.10.2010 (Annexure P-10) as also the judgment of this Court passed in Ramesh C.W.P No.21259 of 2011 -2- Kumar's case (supra) in the light of the quashing of Rule 10 of the '2008 Rules' to the limited extent as stated therein and the relevant part of which reads as follows:-
11. Fixation of pay in the revised pay structure subsequent to the 1st day of January, 2006 :--
Where a Government servant continues to draw his pay in the existing scale and is brought over to the revised pay structure from a date later than the 1st day of January, 2006, his pay from the later date in the revised pay structure shall be fixed in the following manner:-
Pay in the pay band will be fixed by adding the basic pay applicable on the later date, the dearness pay applicable on that date and the pre-revised dearness allowance based on rates applicable as on 1.1.2006. This figure will be round off to the next multiple of 10 and will then become the pay in the applicable pay band. In addition to this, the grade pay corresponding to the pre-revised pay scale will be applicable. Where the government servant is in receipt of special pay or non-practising allowance, the methodology followed will be as prescribed in rule 7 (1), (B), (C), (D) as applicable, except that the basic pay and dearness pay to be taken into account will be the basic pay and dearness pay applicable as on that date but dearness allowance will be calculated as per rates applicable on 1.1.2006.
12. Fixation of pay on reappointment after the 1st day of January, 2006 to a post held prior to that date:--
A Government servant who has officiated in a post prior to the 1st day of January, 2006, but was not holding that post on that date and who on subsequent appointment to that post draws pay in the revised pay structure shall be allowed the benefit of the proviso to CSR to the extent it would have been admissible had he been holding that post on the 1st day of January, 2006, and had elected the revised pay structure on and from that date.
In view of the above, the impugned order dated 06.10.2010 (Annexure P-1 0) cannot sustain and is hereby quashed. Consequential C.W.P No.21259 of 2011 -3- benefits be released to the petitioner within a period of three months.
15.03.2012 (AUGUSTINE GEORGE MASIH) adhikari JUDGE