C.W.P.No.7601 of 2006 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.7601 of 2006 Date of Decision : 11.02.2008 Hawa Singh Sheoran .....Petitioner versus The Sonepat Central Cooperative Bank Limited and another .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Shri R.K.Malik, Advocate for the petitioner. Shri H.P.Verma, Advocate for respondent No.1. -.- 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? JUDGMENT HEMANT GUPTA, J. The challenge in the present writ petition is to the order dated 26.4.2006, Annexure P-8, whereby the pay of the petitioner for the post of Junior Accountant was revised and the benefits of Special Pay granted to the petitioner while working on the feeder cadre post as Cashier, was withdrawn. The petitioner discharged the duties as Cashier w.e.f. 6.7.1983 to 28.6.1990. In addition to the emoluments to the post of Cashier, he was paid Special Pay of Rs.100/-. The petitioner was promoted as Junior Accountant on 29.6.1990. The pay of the petitioner as Junior Accountant was fixed on 25.7.1990 after giving him the benefits of Special pay by the Managing Director of the respondent-Bank. However, the Special Pay was C.W.P.No.7601 of 2006 2 found to be not permissible and the same was withdrawn vide order dated 11.4.1991/18.4.1991, Annexure P-2. Thereafter, the matter was considered by the Board of Directors for fixation of pay in the higher grade of promotion by considering the benefits of Special Pay. It was resolved by the Board of Directors in the meeting dated 18.12.1991, Annexure P-3, that the clarification regarding fixation of pay from Registrar, Cooperative Societies, Haryana, vide letter dated 26.11.1990 be implemented from the date of its receipt in the Bank. The clarification was to the effect that the Special Pay is required to be considered for fixation of salary in the higher promoted post. In terms of the said decision of the Board of Directors, the pay of the petitioner was refixed after granting the benefits of Special Pay on the post of Junior Accountant. It was, thereafter, a show cause notice was issued to the petitioner on 4.6.2003, vide Annexure P-5, to withdraw the benefits of Special Pay on the promoted post. In reply to the said show cause notice, the petitioner relied upon the Rule 4.14 (ii) of the Civil Services Rules, as applicable to the State of Haryana, to assert that the Special Pay, which has been paid to the petitioner for a period of 7 years is to be considered for fixation of salary on the higher post. But an order has been passed by the Managing Director of the respondent-Board on 26.4.2006 withdrawing the benefits given to the petitioner, but without taking into consideration the Rule 4.14 (ii), as referred to by the petitioner. Learned counsel for the petitioner has vehemently argued that in terms of Rule 16.2 of the Haryana State Central Cooperative Banks Staff Service (Command Cadre) Rules, 1975, (hereinafter referred to as the 1975- C.W.P.No.7601 of 2006 3 Rules), the pay of an employee governed by the said Rules, is to be fixed according to the provisions of Haryana Civil Services Rules. Rule 16.2 of the 1975 Rules reads as under:- 16. Pay Scales, dearness and other allowances: 16.1 xx xx xx xx 16.2 If any employee is promoted from a post of lower category to a post of higher category, his initial salary in the higher post shall be fixed according to the provisions of the Haryana Civil Services Rules.” The relevant Rule 4.14 (ii) of the Haryana Civil Services Rules reads as under:- “4.4 (Note-9) (1) :- Where a Government employee is in receipt of a special pay in a post, his pay on promotion to a higher post will be fixed after taking into account the special pay drawn in the lower post subject to the following conditions:- (i) xx xx xx xx (ii) If the special pay has been drawn in the lower post continuously for a minimum period of three years on the date of promotion, the pay in the higher post will be fixed under the normal rules, treating the special pay as part of basic pay. In other cases, the pay in the time scale of the higher post will be fixed under the normal rules with reference to basic pay drawn in the lower post (excluding the special pay), where this results in drop in emoluments, the difference between the pay so fixed and the pay plus special pay drawn in C.W.P.No.7601 of 2006 4 the lower post will be allowed in the form of personal pay to be absorbed in future increase of pay; xx xx xx xx” In view of the aforesaid provisions, the pay of the petitioner was rightly fixed in the promotion post while granting the benefits of Special Pay in the post of Junior Accountant. It is not disputed that the petitioner has worked on the post of Cashier for almost 7 years. The Rule 4.14 (ii) contemplates as if the Special Pay has been drawn in the lower post continuously for a minimum period of three years on the date of promotion, such Special Pay is to be taken into consideration while fixing the salary in the higher promoted post. In view of the above fact, we are of the opinion that the order dated 26.4.2006, Annexure P-8 and subsequent order dated 3.5.2006, Annexure P-9, suffer from patent illegality and irregularity and have been passed in violation of the Rules. Therefore, we allow the present writ petition and set aside the orders Annexure P-8 and P-9. The writ petition stands disposed of accordingly. (HEMANT GUPTA) JUDGE 11-02-2008 (MOHINDER PAL) *mohinder JUDGE