Som Nath And ORS. v. State Of Haryana & ORS

2024:PHHC:006523 CWP-13261-1996 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13261-1996 (O&M) Date of Decision: 18.01.2024 Som Nath and others

...Petitioner(s)

Versus

State of Haryana and another ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- None for the petitioners Mr. Rohit Arya, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) This petition has been filed, inter alia, seeking a writ of certiorari quashing the order dated 12.09.1995, conveyed vide letter dated 20.10.1995, Annexure P-3; and a writ of mandamus directing the respondents to grant pay scale of ₹ 1400-2600 on the basis of higher pay scale on completion of 10/20 years of service.

2.

As apparent from the pleaded case, the petitioners were appointed in the Education Department as Lab Attendant, which is a Group-D post. Later, they promoted to Group-D post of Clerks, and were given benefit of fixation of pay at higher stage in the promotional grade. 3.

Learned State counsel contends, as the petitioners had already availed the benefit of promotion as Clerks in Group-C, they could not have PAYAL 2024.01.20 09:23 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:006523 CWP-13261-1996 (O&M) -2been considered for grant of higher standard pay scale on the basis of initial appointment on Group-D post.

4.

There is nothing wrong with the stand taken by the respondents in declining benefit of higher standard pay scale to the petitioners on the basis of initial appointment, since they were later promoted and their pay was fixed in the promotional grade.

5.

In view thereof, there is no merit in the petition. 6.

Dismissed.

7.

Pending miscellaneous application(s), if any, stand(s) disposed of as having been rendered infructuous.

(TRIBHUVAN DAHIYA) JUDGE 18.01.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.01.20 09:23 I attest to the accuracy and authenticity of this order/judgment