SARV MITTAR SHARMA, SPECIAL SECY., PUNJAB AND HARYANA HIGH COURT Vs. PUNJAB AND HARYANA HIGH COURT, CHANDIGARH THROUGH ITS REGISTRAR

JUDGEMENT

(1.) This case has been placed, before us on a reference made by a learned Single Judge as its hearing by a Division Bench was considered more appropriate.

(2.) Petitioner Sarv Mittar Sharma is serving on the establishment of this Court and is at present in the rank of Special Secretary. He has invoked the writ jurisdiction of this Court for the quashing of the impugned decision of the then Acting Chief Justice communicated to the petitioner vide Annexure P.I, on 22nd January, 1990, whereby the Acting Chief Justice has recalled the earlier order dated 24th April, 1989, passed by the then Chief Justice of this Court; thereby permitting the petitioner to opt for the revised scale of pay with effect from 1st October, 1933, under the Punjab Civil Services (Revised Pay) Rules, 1988.

(3.) On 1st January, 1986, the petitioner was working as Secretary in this Court and was promoted as Special Secretary to the Chief Justice on 24th October, 1986, in the pay scale of Rs. 2000-100-2300. with special pay of Rs. 250/-. As a result of his promotion, this pay was fixed at Rs. 2100/- and on the accrual of his next increment with effect from 1st October, 1987, it was increased to Rs. 2200/- and similarly with effect from 1st October, 1988, to Rs. 2300/-. In pursuance of the recommendations of the Third Punjab Pay Commission appointed by the Punjab Government vide notification dated 3rd July, 198% the Punjab Government on 9th September, 1988, issued the Punjab Civil Services (Revised Pay) Rules, 1988. These Rules, though notified on 9th September, 1988, came into force with effect from 1st day of January, 1986. These Rules were adopted by this Court on 20th January, 1989, and as a result thereof the scale of pay of Special Secretary was revised from Rs. 2000-2300 to Rs. 3700-5000 Since this Court adopted the revised pay rules on 20th January, 1989, that is, after the expiry of the date of last increment accrued to the petitioner which was 1st October, 1988, the petitioner, in order to protect his pay alongwith the dearness allowance and ad hoc dearness allowance admissible under the rules, submitted an application to the Chief Justice on 20th March, 1989. The request made to the Chief Justice was for the exercise of his power under Rule 12 of the Revised Pay Rules of 1988, for grant of permission to the petitioner to opt for the revised pay scale of the Special Secretary with effect from 1st October, 1988, and thus to save himself of the undue hardship going to be caused to him by the operation of Rules, Rule 12 of the Revised Pay Rules is reproduced as under :