Augustine George Masih, J. - (1.) IN this petition, the Petitioner is praying for quashing of the order dated 26th July, 1999 (Annexure P -l1) rejecting the claim of the Petitioner for the grant of scale of Rs. 10000 - -13900 as admissible to the District Dairy Development Officer after completion of five years of service and further quashing of the order dated 17th May, 2005 (Annexure P -20) passed by the Director. Animal Husbandry and Dairying, Haryana -Respondent No. 2 and order dated 8th September, 2005 (Annexure P -l7) and order dated 6th October, 2005 (Annexure P -l9) passed by the Deputy Director, Intensive Cattle Development Project, Safidon Road, Jind withdrawing the scale of Rs. 8000 - -13500 with effect from 10th January, 1996 and fixing the pay of the Petitioner in the pay scale of Rs. 6500 - -10500 with effect from 10th January, 1996 and further ordering recovery of Rs. 2,57,935 drawn by the Petitioner while working on the post of District Dairy Development Officer which was given to him, - -vide order dated 5th August, 1997 in view of the qualification possessed by the Petitioner, ignoring the fact that other similarly situated officers, who were working on the post of District Dairy Development Officers, have been granted the same pay scale in compliance with the order passed by this Court in CWP No. 933 of 1987 titled as S.P. Singh and Ors. v. State of Haryana and Anr. decided on 12th July, 1999.
(2.) IT is the contention of the Petitioner that on 23rd April, 1991, the Petitioner was appointed as Demonstrator HVS Class -II in the pay scale of Rs. 2000 - -3500 in the Dairy Development Department, haryana. The post of Demonstrator and the District Dairy Development Officer are governed by the Haryana Dairy Development (Group B) Service Rules, 1996. According to the said rules, the post of Project Officer and the District Dairy Development Officer is to be filled up from in the ratio of 50% by direct recruitment or by transfer and the remaining 50% by promotion from Demonstrators having five years experience. Before these rules came into effect in the year 1996, executive instructions held the filed and accordingly all appointments and promotions were made. Shri Sukhfeir Singh Mehla and Shri Subhash Chander Sharma, who had been working on the post of Demonstrator HVS -II since 25th January, 1983 and 4th February, 1983 respectively, on their completing five years as Demonstrators, became eligible for promotion to the post of District Dairy Development Officers and accordingly, the submitted their representations for promotion to the posts which were lying vacant. The Financial Commissioner and Secretary to Government of Haryana, Department of Animal Husbandry and Dairying -Respondent No. 1 passed an order dated 24th June, 1992 transferring/posting Shri Sukhbir Singh Mehla on the post of Assistant Director and Shri Subhash Chander Sharma on the post of District Dairy Development Officer. The Petitioner came to know that some officers having the qualification of B.V. Sc and A.H., who are working in the Haryana Dairy Development and Co -operative Federation Ltd., who had been declared surplus, have been taken on deputation on the senior post of District Dairy Officer and were likely to be finally absorbed in the said cadre, made a representation to the Government that in case of such absorption, he would be rendered junior to them and his claim against the senior post be, therefore, considered before considering the case of the deputationists for absorption. As per the representation of the Petitioner, the case of the Petitioner was considered and he was transferred and posted as District Dairy Officer, Narnaul on 27th April, 1994.
(3.) RESPONDENT No. 1 vide order dated 10th January, 1996 revised the pay scale of District Dairy Development Officer, who was possessing the qualification of B.V. Sc and A.H. degree, with immediate effect from Rs. 2,000 - -3,500 to Rs. 2,200 - -4,000 with selection grade of Rs. 3,000 - -4,500 on completion of five years of regular satisfactory service and further scale of Rs. 4,100 - -5,300 as selection grade limited to 20% of the cadre posts after 12 years of satisfactory regular service. The Petitioner, who was working as District Dairy Development Officer in the Haryana Dairy Development Department having not been granted the scale of Rs. 2,200 - -4,000 although he was possessing the qualifications of B.V. Sc and A.H. degree, submitted a representation dated 5th August, 1996 to Respondent No. 1 for the grant of the said revised pay scale. On consideration of the representation of the Petitioner, the Milk Commissioner and Director, Dairy Development, Haryana, passed order dated 5th August, 1997 (Annexure P -8) granting the Petitioner the scale of Rs. 2,200 - -4,000 as per the Government Letter dated 10th January, 1996 as claimed by the Petitioner.;