Punjab-Haryana High Court
Dr. Mehar Singh Saini vs The Secretary To Government Haryana & ... on 8 December, 2010
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Civil Writ Petition No.9974 of 1990 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Civil Writ Petition No.9974 of 1990
Date of decision: December 08, 2010.
Dr. Mehar Singh Saini
...Petitioner(s)
v.
The Secretary to Government Haryana & Ors.
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Shri H.S. Saini, Advocate, for the petitioner(s).
Shri K.C. Bhatia, Additional Advocate General, Haryana
for respondents No.1 & 2.
None for respondent No.3.
Kanwaljit Singh Ahluwalia, J. (Oral):
Present writ petition has been filed with a prayer that a writ in the nature of certiorari be issued, and the letter dated 22.11.1988 (Annexure P-5), whereby next date of increment of the petitioner was fixed as 5.9.1982 instead of 1.10.1981, be quashed, along with order Annexure P-7, whereby the appeal filed by the petitioner was dismissed without assigning any reason.
Briefly stated, the case of the petitioner is that he, after passing M.Sc. in Chemistry, obtained Ph.D. Degree and joined Dayanand College at Hissar on 9.10.1978 and worked there till August 1981 and was drawing basic pay of Rs.780/- and his next increment was due on 1st October, 1981. Civil Writ Petition No.9974 of 1990 -: 2 :- The petitioner was selected as a Lecturer in C.R.M. Jat College, Hissar. At the time of selection, the petitioner had put forward a condition that he will not join on a lower scale of pay but his pay and date of increment should be protected. The petitioner submitted a certificate dated 1.9.1981, Annexure P-1, from Dayanand College, Hissar, which reads as under:-
"This is to certify that Dr. Mohar Singh Saini has been working as Lecturer in Chemistry in this College since 9.10.78. His basic pay is Rs.780/-. His next increment falls due on 1.10.1988."
It was specifically stated in the appointment letter Annexure P-2 that the petitioner has been appointed Lecturer in Chemistry in the college of respondent No.3 on initial pay of Rs.780/- plus allowances admissible to Haryana Government employees in the grade of Rs.700-40-1100/50-1300- Assessment-50-1600. The appointment letter stated that his date of next increment will be 1st October, 1981. It may be apposite to reproduce the relevant portion of the appointment letter, as under:-
"It is to inform you that you have been appointed Lecturer in Chemistry in the college on Rs.780/- plus allowances at Haryana Government rates in the grade of Rs.700-40-1100/50- 1300-Assessment-50-1600. The date of your next increment will be 1st October, 1981. You will be on probation for one year."
However, the State of Haryana, after a lapse of 7 years, had not approved this part of the appointment letter and held that increment will accrue from completion of one year from the date of joining and thus, held that date of increment of the petitioner shall be 5th September, 1982 as he Civil Writ Petition No.9974 of 1990 -: 3 :- had joined the service on 5th September, 1981.
I have heard Counsel for the parties.
There is no doubt that the petitioner joined service only when he was assured that his pay as well as the date of increment will be protected. Once on this promise, the petitioner had joined the service, later on, after 7 years, it cannot be held that the date of increment of the petitioner will be changed. This action of the respondent-State cannot be sustained and the same is quashed. However, the State is granted liberty to sort out with the College as to who is to bear the burden of grant of increment with effect from 1st October, 1981. So far as the petitioner is concerned, the College had, in the appointment letter, stated that his date of increment will be 1st October, 1981. Thus, the petitioner cannot be deprived of what was promised in the appointment letter. If the same is not in consonance with the service rules, the State authorities may take up the matter with the College authorities.
No recovery in pursuance of orders Annexures P-5 and P-7 shall be effected from the petitioner. If any amount has already been recovered, the same shall be refunded to him. However, all terminal benefits of the petitioner shall be calculated taking into account the date of increment as 1st October, 1981. The needful shall be done within six months.
The writ petition stands disposed of in the above terms. No costs.
[Kanwaljit Singh Ahluwalia] December 08, 2010. Judge kadyan