Civil Writ Petition No.5738 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5738 of 1991 DATE OF DECISION: September 09, 2011 Harinder Pal Singh .....Petitioner VERSUS The Haryana State Small Industries & Export Corporation Limited, Chandigarh ....Respondent CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Rajbri Sehrawat, Advocate, for the petitioner. Mr. Amit Jaiswal, Advocate, for the respondent. ***** RANJIT SINGH, J. The petitioner claims grant of revised pay scale of `2000- 3500/- admissible to Managers and difference of arrears of salary and other allowances on the ground that he was given charge of post of Manager, Tool Room, in addition to his duties as Assistant Engineer. The petitioner had joined the services of the respondent- Corporation, which is a registered cooperative body in the pay scale of `350-800/-(unrevised) on 7.10.1981. The petitioner though was made to understand that he would be appointed as Assistant Engineer, but he was appointed as Foreman with six advance Civil Writ Petition No.5738 of 1991 -2- increments. The post was redesiganted on 6.7.1982 and the petitioner was given charge of Manager, Tool Room on 13.10.1983. The petitioner was given charge of Manager again on 27.12.1984. Copy of the said order is also placed on record as Annexure P-3. On 9.3.1985, the petitioner made a request for promotion to the post of Manager and thereafter, made several representations. The respondent-Corporation, however, had not offered any incentive. Claiming him to be well qualified and eligible for the post, the petitioner has raised a grievance asking for pay scale of `2000- 3500/- as he was even in charge of the additional responsibilities. Counsel for the petitioner has submitted at the outset that the petitioner is not asking for promotion, but is simply making a claim for grant of salary for the post of Manager for the period he was made to work as such in addition to his own duties as Assistant Engineer. In support, counsel has placed reliance on the case of Balbir Singh Dalal Vs. State of Haryana, 2002(4) SCT 422. In the reply filed, it is stated that the writ petition suffers from delay and latches. As per the respondent, the petitioner is claiming a promotion to the post of Manager retrospectively w.e.f 13.10.1983, whereas he has approached this Court in the year 1991. Reference is also made to the representations filed by the petitioner to point out that he had never made any claim for retrospective promotion. Otherwise it is conceded that the petitioner was appointed as Assistant Engineer. As per the respondent, the petitioner is not eligible for the post of Manager. As per his appointment, the petitioner was appointed in the pay-scale of `350- Civil Writ Petition No.5738 of 1991 -3- 800/-. It is also stated that the petitioner was never promoted to the post of Manager as he did not fulfill the qualification. The respondent has also denied that the petitioner had worked as Manager since 13.10.1983. As per the reply, the petitioner had worked as an incharge of Sewing Machine Parts/Tool Room Centre, Panchkula and not as a Manager. It is also stated that the respondent- Corporation was running into losses and so had decided not to fill up the post of Manager. It is again stated that the petitioner was not performing duties as Manager and accordingly, the claim made by the petitioner in the writ petition is disputed. Merely because the petitioner was made to work on some additional post, in my view, would not be enough to entitle him to ask for salary of the same. Even otherwise, there is a serious dispute as to whether the petitioner had served on the post of Manager or some other post as stated in the reply. The period for which the petitioner had worked, is also not clear from the pleadings. In view of these disputed questions of facts, it would not be appropriate to consider the claim made in the writ petition. Let the petitioner file a representation before the respondent-Corporation giving the period, he worked as Manager, if any, and the ground on which, he could be entitled to the pay scale for the post he had worked. The respondent-Corporation may consider the claim and pass any appropriate order in accordance with law. The writ petition is, accordingly, disposed of. September 09, 2011 ( RANJIT SINGH ) monika JUDGE