I.S. Tiwana, J. - (1.) The following facts have led to the filing of the if petition under Art. 226 of the Constitution of India.
(2.) Somewhere towards the end of the year 1968, the Haryana Government decided to create a Special Cell in the Head Office of the Irrigation Department at Chandigarh to effectively deal with some Inter-State matters arising out of the re-organisation of Punjab State. On the basis of a criteria evolved for the appointment of three officers in that Cell, the petitioner was selected as one of these and was directed to take charge in that Cell on 2nd of April, 1969 and he actually did join on 3rd of April, 1969 (Forenoon). The proposal with regard the creation of this Cell had met with approval in the various department at the various levels including the Finance Department of the State Government, and was to initially last for six months only.
(3.) One of the conditions qua the officers selected to be appointed in this Cell was that they shall be allowed a special pay of Rs. 50 per month. However, the respondent No. 2, i. e., Dy. Accountant- General Haryana, did not allow this special pay to the petitioner in the absence of any clear instructions from the Government. Admittedly, the other two incumbents working in this Cell were allowed to draw and enjoy this special pay all through the period they worked in the Cell. The petitioner made representation against this discrimination and in reply to the same, the Government regretted its inability to agree to the grant of special pay to the petitioner who had in the meantime been promoted as Executive Engineer from the post of Sub-Divisional officer as a sequel to his earlier litigation In that regard and had been allowed to continue in this Cell in his capacity as Executive Engineer. No reason however, was given by the Government for this singular treatment to the petitioner as against the other two officers working in the Cell.;