LPA No.98/2008(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.98/2008(O&M) in CWP No.1683/1989. Date of Decision: April 11,2008 The State of Haryana through Commissioner & Secy. to Govt. Haryana, Health Department,Chandigarh and others ............. Appellants through Mr.Rameshwar Malik,Addl.AG Haryana. Versus Charan Dass and others. ..............Respondents CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN, CHIEF JUSTICE HON'BLE MR.JUSTICE JASWANT SINGH 1. Whether Reporters of Local Newspapers 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? . ***** Vijender Jain ,Chief Justice CM No.370/2008. CM allowed. Delay in filing the appeal condoned. LPA No.98/2008. This order shall dispose of LPA Nos. 98 and 99 of 2008 since common questions of fact and law are involved in these two appeals. For the sake of convenience facts are being taken from LPA No.98 of 2008. Present appeals have been filed against the judgments dated 17.1.2007 passed by the learned single Judge vide which the Writ Petition LPA No.98/2008(O&M) 2 Nos. 5973 of 1991 and 1683 of 1989 have been partly allowed and the respondents have been held entitled to the pay scale of post of Health Inspectors/ Malaria Inspectors for the periods for which they had actually worked on the said posts. Facts in brief are that petitioners were initially appointed as Basic Health Workers/ Trachoma Field Workers/ Surveillance Field Workers in the Health Department of the erstwhile State of Punjab during the years 1961 to 1963. After re-organization of the State of Punjab they were allocated to Haryana. They were appointed on temporary basis for a period of six months on the posts of Health Inspectors/ Sanitary Inspectors/ Malaria Inspectors starting from 1973 onwards on different dates. The period of six months was extended from time to time. They were, however, denied the pay of the posts on which they were working on the ground of their services as Health Inspectors/ Sanitary Inspectors/ Malaria Inspectors having never been regularized. It is further undisputedly apparent from the record that they were qualified to be appointed as Inspectors from the dates of their initial appointment on temporary basis and have factually worked on the said posts of Inspectors from their initial appointment on temporary basis till their superannuation. The learned single Judge keeping in view the facts of the case and ratio of the judgment rendered by the Hon'ble Supreme Court in Smt. P.Grover v. State of Haryana , 1983(2) SLR 734, laying down that an employee is entitled to the pay scale of the higher/promotional post on which he actually worked, if he is otherwise eligible and suitable to be appointed to that post, has held that the petitioners are entitled to the pay scale of the posts of Health Inspectors/ Sanitary Inspectors/ Malaria LPA No.98/2008(O&M) 3 Inspectors for the periods they have worked on those posts. The claim of the petitioners for regularization on the posts of Health Inspectors/ Sanitary Inspectors/ Malaria Inspectors was found to have been rendered infructuous in view of the fact that that they had superannuated during the pendency of the writ petitions. We find no infirmity in the impugned judgments passed by the learned single Judge. Hence, both the Letters Patent Appeals are dismissed in limine. (VIJENDER JAIN) CHIEF JUSTICE April, 11,2008 (JASWANT SINGH) joshi JUDGE