- (1.) This is an appeal under clause X of the Letters Patent for setting aside order dated 16.7.1991 by which the learned Single Judge declined the appellant's prayer for issuance of a direction to the respondents to fix his pay in the scale of Rs. 525-1050 w.e.f. 15.7.1982.
(2.) The facts of the case lie in a narrow compass. On being recommended by the Selection Committee, the appellant was appointed as Store Keeper (Adiation) in V.I.P. Aircraft Establishment, Defence Aerodrome, Chandigarh w.e.f. 15.7.1982 in the pay scale of Rs. 400-660. His appointment was subject to the terms and conditions embodied in memo No. Aviation-82/4497 dated 17.8.1982 issued by the Adviser, Civil Aviation, Haryana (respondent No. 2), After 8 months of joining the post, the appellant submitted representation Annexure P.2 dated 14.3.1983 to respondent No. 2 for fixation of pay in the scale of Rs. 525-1050/- by asserting that the post held by him had been sanctioned in that pay scale. He repeated this request in all subsequent representations sent to respondent No. 2. In response to one of his representations, respondent No. 2 sent memo No. Aviation-GA (P)-87/1196 dated 19.3.1987 conveying the following decision of the government : "If at any time, it is decided to grant higher pay scale of the Store Keeper, you will be considered for the same taking into account your performance and conduct and other conditions of service."
(3.) The petitioner challenged the decision of the government in C.W.P. No. 2491 of 1987 in which he prayed that the respondents may be directed to regularise his service, grant him the benefit of military service and also fix his pay in the scale of Rs. 525-1050 w.e.f. 15.7.1982. In support of his claim for fixation of pay in the higher scale, the appellant relied on orders dated 6.6.1983 and 6.6.1984 allegedly passed on the file by Shri M.C. Rao, to whom he had described as Adviser, Civil Aviation, Haryana. The respondents controverted the appellant's claim on all the counts. With regard to his claim for fixation of pay in the scale of Rs. 525-1050, they made the following averments in paragraphs 3 to 7 of the written statement : "3. Admitted. The petitioner was given appointment in the pay scale of Rs. 400-660 under proviso to Rule 7.15 of Punjab Financial Rules Vol. I copy enclosed as Annexure R. 1. According to the said rule, the appointment authority which in this case is the Adviser, Civil Aviation, Haryana and respondent No. 2 is competent to appoint a person in lower grade against the unfilled post of a higher grade provided the numerical strength of the post does not increase. 4. Para 4 is wrong and denied. As is evident from his appointment letter, no assurance was held out to the petitioner that he would be given the higher scale of Rs. 525-1050 after the initial ad hoc period of six months. 5. No probationary period was applicable to the petitioner as he was only appointed on purely ad hoc basis initially for a period of six months which was extended from time to time. As per the appointment order of the petitioner, no assurance was given to the petitioner for grant of the higher pay scale of Rs. 525-1050/- after completion of the initial ad hoc period. Rather, probation period was not applicable to the petitioner since he is an ad hoc employee. Accordingly, on the application dated 14.3.1983 and subsequent reminders by the petitioner no action was taken. 6. With regard to para 6, it is stated that in support of the averments made by the petitioner, the petitioner has reproduced the noting dated 6.6.1984 of Shri M.C. Rao as Adviser, Civil Aviation, Haryana. In fact, Shri Rao was not adviser, Civil Aviation, Haryana on 6.6.1984. He had relinquished charge as Adviser, Civil Aviation, Haryana on 11.5.1984. In this connection, order of Government bearing No. 5/24/83-ICA dated Ist May, 1984 granting Shri Rao earned leave for 120 days w.e.f. 14th May, 1984 is added as Annexure R.2. Hence any orders passed by him on 6.6.1984 were not valid. 7. As per the appointment letter of the petitioner, no assurance was given to him to grant a higher pay scale of Rs. 525-1050 at any later stage. There is no case of the petitioner for grant of the higher pay scale of Rs. 525-1050/-.";