- (1.) The claim made by the petitioner is that direction be issued to the respondents for re-fixation of his pay with effect from 1.2.1990 to 31.10.1997 after quashing orders dated 30.5.2000 (P-2), 28.1.2004 (P-6) and 30.3.2005 (P-9). It is appropriate to mention that the petitioner was appointed as Electric Instructor at Panipat in the pay scale of Rs. 1400-2600. On 1.1.1991, he was granted additional increment on 10th point of his pay scale. It is claimed that he had completed 24 years and 5 months service on 31.1.1990 and deserves to be given two increments as he has reached 20th point of his pay scale. On 7.8.1992, the scheme granting one increment on 10th point and 2nd increment on 20th point was changed. The petitioner retired on attaining the age of superannuation and has claimed that two additional increments which were liable to be paid, were never paid. He made a representation for re-fixation of his pay from 1.2.1990 to 31.10.1997 and for the aforementioned purpose filed C.W.P. No. 14517 of 2003, which was disposed of on 12.9.2003 by a Division Bench of this Court directing the respondents to pass an appropriate speaking order on the representation made by the petitioner. As a consequence of the direction issued, respondent No. 2 has now passed an order, which reads as under: 1. Finance Department Haryana vide its No. 9/9/91- 3PR(FD) dated 14.5.91 have introduced to grant one additional increment of 10th and another at 20th year point in the time scale as applicable to all Group 'C' and 'D' employees in addition to regular increments. Sh. Balwant Singh, Electrician Instructor (Retired) was drawing pay Rs. 2540/- on 1.2.1990 i.e. 23rd point. Only one additional increment is granted as provided in Note 1(iii) of the F.D. Letter dated 14.5.1991 where clarified that all such employees who have crossed the 21st point of their scale or above before 1.1.91 shall get only one additional increment on 1.1.91 referred above to raise the pay from 2540 to 2600/- on 1.1.1991 which is the maximum of the time scale. It is very much clear in para IV ibid that the benefit of additional increment would be available only in the scale and not at a stage beyond the maximum of the scale.
(2.) As the pay of Sh. Balwant Singh, Electrician Instructor (Retired) was drawing the maximum pay of pay scale of Rs. 2600/- on 1.1.91 next increment has been granted on 1.1.92 to raise pay from Rs. 2600/- to 2660/- as provided and clarified by the Finance Department Haryana vide its letter No. 9/9/91-3PR(FD) dated 9.4.92 referred above. (6) Points raised: What would be the date of next increment of a Govt. employee, whose pay, on or after 1.1.91, reaches the maximum of the time scale as a regular increment or grant of additional increment. Illustration: As Assistant in the pay scale of Rs. 1400-2600 was drawing Rs. 2540 w.e.f. 1.4.1990. He was given the benefit of one additional increment raising his pay to Rs. 2600/- as on 1.1.1991. He will be given next increment under open ended scale policy on 1.1.1992 i.e. the day on which he completes one year's period. 2. Hence, it is clear from the above that he is not entitled for two additional increments on 1.1.91 and date of normal annual increment on 1.1.92 is correct and pay fixed vide endst. No. TE/109/19- IV/20974 dated 23.10.2002 is correct."
(3.) When the matter came up for consideration on 20.7.2006, we have granted time to the learned Counsel for the petitioner to study the instructions dated 9.4.1992, which have been referred in the impugned order.;