- (1.) The petitioners have filed the present writ petition seeking a writ of certiorari for quashing the order dated 23.10.2013 (Annexure P-13) passed by respondents whereby the claim of the petitioners for stepping up of their pay at par with Azad Singh junior reserved category employee on the post of Head Draftsman and Circle Head Draftsman as well as for fixing up their pay notionally from the date he was promoted to the post of Head Draftsman and Circle Head Draftsman has been declined.
(2.) Petitioners- Ram Kumar Bhadu, Rajbir Singh, Chand Ram and Zile Singh were appointed and joined the post of Junior Draftsman in the office of respondent on dated 27.1.1977, 16.12.1973, 25.9.1976 and 15.1.1977 respectively. They were promoted on the post of draftsman on dated 18.9.1979, 27.9.1979, 28.9.1979 and 25.9.1979 respectively. On 27.11.2006 (Annexure P- 1), the Financial Commissioner and Principal Secretary to Government of Haryana, Finance Department issued certain guidelines and instructions in regard to stepping up of pay and fixation of pay of general category employees at par with their junior reserved category employees. Thereafter, Chief Secretary to Government of Haryana also issued instructions vide letter dated 13.11.2007 (Annexure P-2) as per the view taken by Hon'ble the Supreme Court of India in Ajit Singh Janjua II and others vs. State of Punjab and others decided on 16.9.1999. Guidelines and Instructions with regard to the stepping up of pay of senior general category employees at par with their junior counterparts reserved category employees were issued vide office order dated 5.3.2009 (Annexure P-3) by the Chief Secretary, Haryana. Thereafter, the petitioners were further promoted on the post of Head Draftsman on dated 28.3.2002, 21.3.2002, 18.3.2002 and 9.4.2002 and one Azad Singh who is very much junior to the petitioners was promoted on the post of Head Draftsman very earlier to the petitioners and thus he is getting more pay in comparison to the petitioners. The name of the petitioners was at Sr. 56, 55, 46 and 59, whereas the name of Azad Singh who is a reserved category employee was at Sr. No.68 in the seniority list. On 23.1.2009, the petitioners filed representation for grant of benefit of stepping up of pay at par with their junior reserved category employee in view of the notification issued by the State Government.
(3.) Counsel for the petitioner has argued that the petitioners are seeking the benefit of stepping up of pay with Azad Singh as this issue has been settled by the High Court in its judgment titled 'Charan Dass vs. State of Haryana and others' decided on 18.11.2008 (Annexure P-4) and in LPA No.1259 of 2011 titled, 'Haryana Vidyut Parsaran Nigam Limited and others vs. Satya Pal Nagpal and another' (Annexure P-7) and in CWP No.19865 of 2010 titled ' Roshan Lal vs. Dakshin Haryana Bijli Vitran Nigam Limited and others' decided on 19.12.2011 (Annexure P-8). He has further referred to a judgment passed by this Court in CWP No. 17280 of 2011 titled, 'Prem Kumar Verma and others vs. State of Haryana' decided on 7.8.2012 (Annexure P-9) where the State Govt. vide Instructions dated 16.3.2006 had stated that general category employees who catch up with junior reserved category employees on 15.3.2006 can be entitled for the same and otherwise not. These instructions have been set aside vide judgment dated 7.8.2012 (Annexure P-9). Thereafter in the case of 'Vijay Kumar Minhas and others vs. Kurukshetra University, Kurukshetra and others' in CWP No.11389 of 2012 (Annexure P-10) and LPA No.1352 of 2012 titled, 'Devender Sachdeva and others vs. Kurukshetra University, Kurukshetra and others, decided on 10.10.2012 (Annexure P-11), a consistent view has been taken that the senior general category employee is entitled to step up of his pay at par with his junior reserved category employee.;