- (1.) The petitioner joined Uttar Haryana Bijli Vitran Nigam Limited (for short ' the Nigam') as Junior Draftsman on November 07, 1980 (wrongly mentioned as November 06, 1980 in the writ petition). He was promoted to the post of Draftsman on April 13, 1983 (wrongly mentioned as April 12, 1983 in the writ petition). The Government of Haryana revised the pay scales of all its employees with effect from January 01, 1996 by implementing Haryana Civil Services (Revised Pay) Rules, 1998 (for short 'the Rules of 1998') and Haryana Civil Services (Assured Career Progression) Rules, 1998 (for short 'A.C.P. Rules of 1998')) vide Notifications No. GSR/3/Const./Article 309/98 and No. GSR/4/Const./Article 309/98, respectively. It is averred that the Nigam adopted the A.C.P. Rules of 1998 in toto and, as such pay of the petitioner was to be fixed under these Rules.
(2.) It is case of the petitioner that since he had been working as Draftsman since April 13, 1983, his pay as such should have been fixed under the A.C.P. Rules of 1998. However, his pay was fixed in the functional scale of the post of Draftsman. As his pay was fixed much lower than his entitlement, the petitioner served legal notice dated August 10, 2004 (Annexure P-1). Thereafter, the Nigam passed the order dated October 20, 2004 (Annexure P-2) fixing the pay of the petitioner at Rs. 5450-8000 in the 2nd A.C.P. Scale of the post of Junior Draftsman , which, according to the petitioner, is not correct.
(3.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari to quash the order dated October 20, 2004 (Annexure P-2). He has also prayed for issuance of a writ in the nature of mandamus directing the Nigam to fix his pay under the A.C.P. Rules of 1998 with all consequential benefits.;