- (1.) C.M. No. 2388 of 2012 For the reasons mentioned in the application, the same is allowed subject to all just exceptions and delay of 54 days in filing the appeal is condoned. CM stands disposed of. C.M. No. 2389 of 2012 The application is allowed as prayed for. L.P.A. No. 899 of 2012. 1. This Letters Patent Appeal is preferred by the State of Haryana against the order dated 25.2.2012 passed by the learned Single Judge in Civil Writ Petition No. 455 of 2011, directing to adjust the respondent on the post of Assistant with effect from the date she was appointed as a Clerk, i.e., 13.10.2006 though restricting the consequential arrears of pay for a period of 38 months from the date of filing of the writ petition. A direction to release the consequential revised retiral benefits to the respondent has also been issued. Shorn of the details, the respondent was working as a Sales Girl in the Haryana Small Scale Industries and Export Corporation Limited (A Government of Haryana Undertaking), in the pay scale of Rs. 5500- 9000. The State Government decided to wind up the Corporation and adjust its retrenched staff in Government service in accordance with the policy decision dated 21.6.2006 (Annexure P-3). The policy decision contemplates that the retrenched employees shall be adjusted either on the equivalent posts carrying the same designation and nature of duties or on the lower posts as per the availability of the vacancies subject to the condition that the employees occupying 'Group-C' post shall not be considered for adjustment on a "Group-D" post. There were other eligibility conditions also which were to be fulfilled by the retrenched employees.
(2.) The respondent, who was also a retrenched employee was offered appointment to the post of Clerk in the pay scale of Rs. 3050-75-4590 vide an order dated 13.10.2006 in the office of the Additional Labour Commissioner at Gurgaon in furtherance to the above-stated policy. The respondent accepted that appointment and soon thereafter made series of representations to the authorities to adjust her against the post of Assistant which carries the pay scale of Rs. 5500-9000, namely, the pay scale drawn by the respondent while she was working as Sales Girl in the Corporation. The respondent's representation was turned down vide orders dated 4.3.2010 and 29.7.2010 prompting her to approach this Court.
(3.) Learned Single Judge has accepted the respondent's claim holding that (i) there were admittedly three posts of Assistant lying vacant in the office of the Additional Labour Commissioner at Gurgaon where the petitioner was offered appointment on the lower post of Clerk; (ii) the post of Assistant carried the pay scale of Rs. 5500-9000 i.e., equivalent to the pay scale which had been granted to the respondent while she was working in the Corporation; (iii) other similarly placed retrenched employees of the Corporation, namely, three Store Keepers who were also working in the pay scale of Rs. 5500-9000 were adjusted as Assistants in the pay scale of Rs. 5000-7850 and there was no rhyme or reason for the authorities to take a different view in the case of the petitioner.;