- (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/-. In the year 1974, the College, where petitioner was working came under the control of the Kurukshetra University and the post, on which he was working, was rendered surplus. On account of the post hid by the petitioner having become surplus, in normal course, he would have been relieved but, with a view to ameliorate the hardship that he would have met with if that course was adopted, he was accommodated on the post of Officer-in-Charge, admittedly a post with higher qualifications, status and pay but it was clearly mentioned in the order Annexure P-4, dated February 3, 1978 that petitioner would be appointed on the post of Officer-in-charge in his own pay and grade, i.e. 225-500/-. On December 4, 1978, vide an entry made in the service book of the petitioner, his lien was shifted to S.D.E.O. Mandi Dabwali against the post of Head Clerk in the grade of Rs. 225-500 vide DPI, Haryana Chandigarh memo dated December 4, 1978. On April 1, 1979 pay scale of Head Clerk was revised from 225-500 to 700-1250. Taking clue from the office entry dated December 4, 1978, petitioner sought fixation of his pay in the pay scale of Rs. 700-1250/- w.e.f. April 1, 1979 and went his entreaties brought no tangible result, he filed appeal, Annexure P-7 to the Commissioner and Secretary to Government of Haryana Education Department, pleading therein that he was working on the post of Officer-in-charge in the pay scale of Rs. 300-600/-, i.e., equivalent to the pay scale of a Head Clerk since January 25, 1978 and, therefore, he was entitled to get his pay fixed in the revised 'pay scale of Rs. 700-1250/- w.e.f. April 1, 1979. This appeal was, however, dismissed vide order dated February 18, 1995, Annexure P-8. After serving notice on the respondent department on January 7, 1987, followed by a reminder, which obviously brought no favourable results, writ petition, giving rise to present appeal was filed, with the result indicated above.
(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.;