M.M.KUMAR, J. - (1.) This petition filed under Article 226 of the Constitution prays for issuance of writ in the nature of certiorari for quashing order dated 11.1.2002, passed by the Financial Commissioner and Secretary to Government, Haryana, rejecting the claim of the petitioners for higher pay scale than the feeder cadre post. It is appropriate to mention that the petitioners are working on the post of Treasury Officer and they were promoted from the feeder post of Assistant Treasury Officer.
(2.) Brief facts of the case are that the petitioners were initially recruited as Assistant Treasury Officer on different dates and they were subsequently promoted as Treasury Officer according to the statutory rules known as 'The Haryana Finance Department Treasuries (Group-B) Service Rules, 1980 (for brevity, 'the Rules'). According to Sub-rule (1) (a) of Rule 9 of the Rules, 75% of the posts of Treasury Officers are filled up by promotion from amongst the Assistant Treasury Officers. And 25% by direct recruitment. A comparative chart of the pay scales of both the posts, as depicted in the preliminary submission made by the respondent, reads as under:- JUDGEMENT_1000_TLP&H0_2006Html1.htm
(3.) The petitioners approached this Court by filing C.W.P. No. 13898 of2001, titled as Mehtab Singh and others v. State of Haryana. On 11.9.2001, this Court directed the respondent to decide the legal notice sent by the petitioners. Accordingly, respondent No. 1 has considered the claim of the petitioners and rejected the same on 11.1.2002 (P-2). The operative part of the order, which is the subject matter of challenge in this petition, reads as under:- "The representationists-petitioners have referred to various judgements on this issue and claimed a higher pay scales for the post of Treasury Officer viz-a-viz that of the Assistant Treasury Officer who constitute the feeder post for post of Treasury Officer. The sum and substance on these judgements is that identical pay scale should not be granted for the feeder post and promotional post and if that be the case, it would constitute an anomaly. Though the view of the State Government in this respect is different, the point raised by representationists-petitioners in this case has no relevance. The pay scales prescribed for the posts of the Assistant Treasury Officers and Treasury Officers are reproduced below:- JUDGEMENT_1000_TLP&H0_2006Html2.htm 6. A perusal of the above table clearly shows that the pay scales of promotional post of Treasury Officer has always been and continue to be higher than that of feeder post of Assistant Treasury Officer and there is no anomaly whatsoever in this case.";