SHIVDHAN YADAV Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The clamour of appellant Shiv Dhan Yadav (hereinafter referred to as 'petitioner') for parity of pay scale as admissible on the post of Head Clerk did not find favour with the learned Single Judge. Hence present appeal under Clause X of the Letters Patent.

(2.) Undisputed facts of the case reveal that petitioner came to be appointed on the post of Mess Supervisor-cum-Storekeeper in the State College of Sports, Jalandhar vide order dated June 18, 1963 in the pay scale of Rs. 150-300/-. By virtue of recommendations of the Second Pay Commission, petitioner, on account of his post that he was holding i.e., Mess Supervisor, was placed in the pay scale of Rs. 225-500/-.

(3.) In the written statement that was filed on behalf of the respondents, it was, inter alia, pleaded that the Sports College for Women, Kurukshetra was put under the control of the Kurukshetra University in the year 1976 and petitioner had in fact become surplus as no other post of Mess Supervisor was available with the department. Efforts were made to adjust him on any equivalent post. He was duly considered for adjustment in the post of Head Clerk as well as Master. He was not qualified for either of the two posts. On his request, petitioner was adjusted as Officer-in-charge in the Central Kitchen and Regional Godown, Gharaunda in his own pay scale of Rs. 225-500/-. This adjustment was made as a purely temporary arrangement on humanitarian grounds to avoid retrenchment of the petitioner. It was further pleaded that it was with the object of protecting his interest that petitioner's pay was drawn from the office of the Sub Divisional Education Officer, Dabwali against the post of Head Clerk. The post of Mess Supervisor was never equated to that of Head Clerk.