LPA No. 244 of 2007 [ 1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 244 of 2007 Date of Decision: 10.01.2008 State of Haryana and others ......Appellants through Mr. Rameshwar Malik, Addl. A.G. Haryana . versus Sikandar Singh .......Respondent CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN, CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 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 (Oral) CM No. 1007 of 2007 C.M. allowed. Delay of 29 days in refiling the appeal is condoned. CM No. 1008 of 2007 C.M. allowed. Delay of 16 days in filing the appeal is condoned. LPA No. 244 of 2007 This appeal has been filed impugning order dated 9.5.2007 passed by the learned Single Judge granting the respondent 10% of the LPA No. 244 of 2007 [ 2] presumptive pay of the post of Senior Scale Stenographer from 1.8.1988 upto the year 1997 i.e. the date when the respondent was promoted to the post of Assistant in the department of Animal Husbandry. Mr. Rameshwar Malik, Addl. A.G. Haryana has vehemently contended that the respondent was an adhoc and not a regular employee, therefore, relief could not have been granted to him. He has also placed reliance on Punjab Civil Services Rules ( as applicable to Haryana) to contend that Rule 4.22 of Volume-I, Part-I, does not permit for grant of 10% presumptive pay to the respondent. We have perused the order passed by the learned Single Judge. It is an admitted fact that respondent was assigned an additional duty of the post of Senior Scale Stenographer w.e.f. 1.8.1988 with the Joint Director, Poultry and subsequently, with the Joint Director-1 from 28.10.1991 and he continued to discharge the additional duties right upto the date of filing of present writ petition in this Court. It is also to be noted that Director, Animal Husbandry vide letters Annexures P-1 and P-2 had also recommended that post of Steno Typist be upgraded to the post of Senior Stenographer w.e.f. 1.8.1988 and respondent be given his due right. However, Mr. Rameshwar Malik, Addl. A.G. Haryana has contended that the letter Annexure P-1 had been withdrawn by Director, Animal Husbandry. Even if the letter Annexure P-1 had been withdrawn by Director, Animal Husbandry, the fact that respondent was performing additional duties of Senior Scale Stenographer right from 1.8.1988 is not disputed and that is the reason the learned Single Judge instead of granting 100% benefit to the respondent curtailed it to 10% as presumptive pay of LPA No. 244 of 2007 [ 3] the post of Senior Scale Stenographer. We find no infirmity in the reasoning given by learned Single Judge and there is no merits in this appeal. Dismissed. (VIJENDER JAIN) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 10.01.2008 'ravinder'