Augustine George Masih, J. - (1.) PETITIONER has approached this Court for quashing the action of the respondents in reducing the pay of the petitioner vide order dated 13.06.2012 (Annexure P -7) and for making recovery in view of the Instructions dated 23.11.2009 (Annexure P -13).
(2.) IT is the contention of the counsel for the petitioner that the petitioner was initially appointed as a Helper on daily wage basis on 16.09.1979 and his services were regularized on 14.11.1982. He was promoted to the post of Assistant Fitter w.e.f. 01.08.1994 and thereafter, to the post of Fitter on 26.02.2010. Sh. Sultan Singh, a reserved category employee was appointed as a Helper on 19.03.1982 and his services were regularized on 15.11.1982. On the basis of reservation, Sh. Sultan Singh was promoted as an Assistant Fitter on 01.12.1988 and thereafter, as a Fitter on 01.12.1997. Counsel for the petitioner contends that the petitioner, on the basis of the Instructions issued by the respondents firstly, on promotion to the post of an Assistant Fitter on 01.08.1994, caught up with Sh. Sultan Singh and thereafter, on the post of a Fitter again was entitled to the pay fixation equal to that of his junior, reserved category employee w.e.f. 26.02.2010 actual and notional w.e.f. 01.12.1988 as an Assistant Fitter and Fitter w.e.f. 01.12.1997. He contends that the petitioner was rightly granted the pay fixation vide order dated 14.03.2011 (Annexure P -5). Thereafter, on 24.02.2012 (Annexure P -6), a show cause notice was issued to the petitioner by the General Manager, Haryana Roadways, Jind, according to which, the stepping up of his pay equal to that of his junior Sh. Sultan Singh in the feeder cadre on the post of Assistant Fitter, was sought to be withdrawn as per the Instructions dated 23.11.2009 as he had been promoted to the post of Fitter on 26.02.2010, which is after the date of amendment of the Constitution on 15.03.2006, vide which protection of seniority was granted to the reserved category employees on the promoted post. He contends that the basic instructions issued by the State of Haryana dated 16.03.2006 stand already quashed by this Court in CWP No. 17280 of 2011 titled as Prem Kumar Verma and others vs. State of Haryana, decided on 07.08.2012. The said judgment has been implemented by the State of Haryana and instructions to that effect have also been issued. The basis for issuing the show cause notice to the petitioner dated 24.02.2012 (Annexure P -6) having been set aside, the impugned order dated 13.06.2012 (Annexure P -7) cannot sustain and therefore, deserves to be quashed.
(3.) COUNSEL for the respondents, on the other hand, contends that the benefit, which has been granted to the petitioner, had to be withdrawn in the light of the amendment of the Constitution of India. The petitioner was inadvertently allowed the benefit of the stepping up initially from 06.06.1996 to 25.02.2010 at par with his junior Sh. Sultan Singh, who was working on the post of Fitter whereas the petitioner was holding the post of Assistant Fitter and actually from 26.02.2010 onwards. The petitioner was entitled to the actual payment on the post of a Fitter but this benefit could not be granted to the petitioner as the amendment to the Constitution has come after 15.03.2006 and the Government Instructions dated 23.11.2009 (Annexure P -13) clarified this position, which provide for a cut off date. Since the petitioner has been promoted after 15.03.2006, the cut off date fixed, the benefit granted to the petitioner has been rightly withdrawn.;