RSA No. 3874 of 2007 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3874 of 2007 Date of Decision: 14.7.2009 Municipal Council, Rohtak ......Appellant Versus Jai Singh and others .......Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 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: Ms. Monisha Lamba, Advocate, for the appellant. HEMANT GUPTA, J. (Oral). The defendant is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby suit for declaration challenging withdrawal of the standard scale of pay and the recovery of the amount paid to the plaintiff, was decreed, in its entirety. It is the case of the plaintiff that he was appointed as a fireman on 25.1.1970 and as a Fire Superintendent with effect from 22.2.1970. Subsequently, he has been appointed as a Fire Station Officer with effect from 1.11.1971. It is the case of the plaintiff that the post of Fire Superintendent and Fire Station Officer, is only change of designation and the plaintiff has not got any promotional/higher scale for more than 20 years before 1.4.1994 and, therefore, entitled to second higher scale. The learned trial Court held that the plaintiff was promoted from the post of Fire Superintendent to the Fire Station Officer in the year 1971 and RSA No. 3874 of 2007 (2) thus, the stand that post of Fire Superintendent and Fire Station Officer, stand abolished, has not been substantially proved. Thus, the suit was dismissed. However, the learned first Appellate Court returned a finding that since the higher standard of pay scale has been given to the plaintiff without any misrepresentation or fraud, the same cannot be recovered from the plaintiff. Still further, in appeal a finding has been returned that the plaintiff was appointed as a Fire Station Officer as per Exhibit P.5 and that in view of the said fact, the plaintiff is entitled to second higher standard scale with effect from 1.1.1994 and therefore, the same cannot be withdrawn. Thus, while accepting appeal, the suit was decred. Learned counsel for the appellant has vehemently argued that the plaintiff has been promoted in the year 1970. Therefore, in terms of the instructions Exhibit D.3, the plaintiff is not entitled to higher standard of pay scale though the plaintiff has completed 20 years as Fire Station Officer on the same post in terms of Resolution Exhibit P.5 from the year 1971 till 1.1.1994. I do not find any merit in the said contention of the learned counsel for the appellant. Instructions Exhibit D.3 contemplate that every employee of Group `C' or `D' category, who has not got any promotion or promotional scale/higher time scale selection grade in his service career and has completed twenty years or more of regular satisfactory service before 1.1.1994, will be allowed with effect from 1.1.1994 in place of his present pay scale, the second higher standard pay scale. The entire purpose of granting higher standard pay scale is to grant benefit of non promotion for a long period. Once, an employee has completed 20 years of service on the same post without promotion, such employee is entitled to higher standard RSA No. 3874 of 2007 (3) pay scale in terms of instructions Exhibit D.3. Consequently, I do not find any patent illegality or material irregularity in the finding recorded or that the finding recorded gives rise to any substantial question of law in the present second appeal. Hence, the present appeal is dismissed. (HEMANT GUPTA) JUDGE 14-07-2009 ds