Punjab-Haryana High Court
State Of Haryana & Anr vs Chander Singh Sharma on 29 August, 2013
Bench: Surya Kant, Surinder Gupta
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
LPA No. 146 of 2013. [O&M]
Date of Decision:29th August, 2013.
State of Haryana & Anr. Appellants through
Mr. Baldev Singh, Addl. AG, Haryana.
Versus
Chander Singh Sharma Respondent through
Mr. Karan Bhardwaj, Advocate.
CORAM:HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE SURINDER GUPTA
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] This order shall dispose of LPA Nos. 146, 155, 162 and 560 of 2013 as common questions of law and facts are involved in all these cases.
No sooner the appeal was taken up for hearing, it is pointed by learned counsel for the respondent that LPA Nos. 797 and 804 of 2013 arising out of the same order of learned Single Judge whereby bunch of writ petitions were allowed, have been dismissed by this Court vide order dated 26.04.2013 observing as follows:-
"Learned Single Judge has upheld the respondent's contention and in our considered view rightly so. Once the Rules Making Authority has chosen to provide a corresponding revised pay scale in the tabulated form, the employee cannot be denied the same unless limitations are expressly discernible under those Rules. The appellants have relied upon another set of rules known as "The Haryana Civil Services (Assured Career Progression) Rules, 1998" which are apparently Gupta Dinesh 2013.08.31 11:01 I attest to the accuracy and integrity of this document Hihg Court Chandigarh inapplicable in the matter of revision of pay scales and are only meant to address the situation where an employee stands stagnated and is entitled to be placed in the higher promotional pay scale though he is not actually promoted to a higher post. However, once the pay revision rules prescribe different stages or time-scale(s), whether described as 'selection-grade' or 'super-time- grade' and it has been granted to an employee on fulfillment of eligibility conditions, he would on the further revision of pay-scales, be entitled to the corresponding revised pay-scale. He cannot be deemed to be reverted to his original time scale of entry level for the purpose of his placement in the corresponding revised pay scale as such an action shall amount to the withdrawal of the benefit which the employee was drawing before the revised pay scales came into force".
In view of the reasons assigned in LPA No. 797 of 2013 [State of Haryana & Ors. Vs. S.P.Gupta], the present appeal must also fail and is dismissed accordingly.
Dasti.
( SURYA KANT )
JUDGE
August 29, 2013. ( SURINDER GUPTA )
dinesh JUDGE
Gupta Dinesh
2013.08.31 11:01
I attest to the accuracy and
integrity of this document
Hihg Court Chandigarh