AJIT SINGH BRAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution for the issuance of a writ in the nature of certiorari quashing the orders, dated 31st August, 1967 and 20th October, 1967 of Respondent 3, (Conservator of Forests, Haryana) and also the last pay certificate issued by the Divisional Forests Officer, Ambala Division.

(2.) The petitioner joined the Department of Agriculture in Himachal Pradesh as Surveyor in the grade of Rs. 80-4-120 in the year 1959 and continued working as such from 20th April, 1959 to 1st May, 1963. In 1962, the petitioner was selected by the Subordinate Services Selection Board, Punjab, and appointed as Surveyor in the scale of 100-10-300 by an order, dated 31st March, 1963 of the Deputy Chief Conservator of Forests Punjab. Had he continued in the service of Himachal Pradesh he would have been confirmed as Surveyor since long. He left the service of Himachal Pradesh to join the service of Punjab, only because he was attracted by the higher scale of Rs. 100-300 given to him. At the time of appointment of the petitioner in the Punjab State, there were in existence 12 posts of Surveyor and Draftsman-cum-Surveyors. There posts were sanctioned under various schemes of Five Year Plans and were termed as posts under various Plan Schemes. Out of the aforesaid 12 posts of Surveyors, 2 were in the scale of Rs. 75-5-140/6-200.

(3.) A reference was made to the Punjab Government for giving a uniform pay scale of Rs. 100-10-300 to all the Surveyors. The Government not only refused to raise the lower scale to the higher one, but ordered that the higher scale be also reduced to that of Rs. 75-200. This decision of the Government was conveyed to the petitioner by a letter, dated 10th September, 1964 of the Divisional Forest Officer, Kangra (copy of this is Annexure 'C'). In consequence, the Deputy Conservator of Forests, Beas Circle, Punjab, served the petitioner with one month's notice vide letter dated 24th August, 1964, informing him that unless he willingly accepted the lower scale of Rs. 75-200, his services would be terminated. The petitioner was left with no alternative except to give his option for the lower scale of Rs. 75-200. At the same time, he strongly protested and challenged the reduction of his pay scale. He was assumed that he would continued to be paid in the higher scale of Rs. 110-300, as indeed, a provision continued to be made in the Schedule of Expenditure of the Budget for the years 1964-65, 1965-66 and 1966-67 for Non-Plan Scheme posts in the scale of Rs. 100-300; and the petitioner was allowed to draw pay and increments in the higher scale for all these years (e.g. Annexure 'F' dated 8th August, 1966).