CWP No. 15610 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 15610 of 1993 Date of Decision: 9.12.2009 Jaspal Singh ...Petitioner Vs. Haryana Urban Development Authority ...Respondent CORAM: Hon'ble Mr.Justice Vinod K.Sharma Present: Mr.C.M.Chopra, Advocate, for the petitioner. None for the respondent. Vinod K.Sharma, J . (Oral) The petitioner seeks a writ of mandamus directing the respondent to release the arrears in view of order Annexure P.13, granting selection grade to the petitioner w.e.f. 17.3.1981. The case set up by the petitioner is that while working as Junior Engineer with the Haryana Urban Development Authority, he became eligible for the grant of selection grade w.e.f. 21.12.1980 i.e. the date when his juniors were given the selection grade. Selection grade was denied to the petitioner for the reason that on date of granting selection grade to the juniors, Charge Sheet under Rule 7 of the Punjab Civil Services (Punishment and Appeals) Rules, 1952 was CWP No. 15610 of 1993 2 pending against the petitioner. Therefore, in pursuance to the Haryana Government Finance Department notification dated 29.4.1987 the salary of the petitioner was fixed in the selection grade of 1640-2900 w.e.f. 1.1.1986. The respondent/authorities thereafter on coming to know about the pendency of the departmental proceedings withdrew the promotional grade granted to the petitioner. The petitioner being aggrieved by the withdrawal of selection grade a made representation to the Department. The representation made by the petitioner was accepted and vide Annexure P.13, the selection grade was released to the petitioner w.e.f. 17.3.1981. The Order Annexure P.13 reads as under:- “ In pursuance of Govt. Instructions issued vide letter No.2/39/89-GSI dated 1.7.1991 and on re-examination of the selection/promotional grade already granted to the Junior Engineers vide No.A-12-87/16569 dated 26/5/87, No.29293-95 dated 15.9.87, No.EA-4-89/9330 dated 3.4.89, No.23365-68 dated 11.8.89, No.28469-72 dated 4.10.89, No.28623-39 dated 5.10.89, No.2897-98 dated 14.2.90, No.13689-93 dated 5.7.90 No.13526-29 dated dated 6.7.90, No.14055-58 dated 2.7.91 and No.14184 dated 9.7.91 the following Junior Engineers are also granted the selection grade in the pre-revised scale of Rs.700- 30-850/900-40-EB-50-1250 and promotional grade of Rs.1640- 60-2600-EB-75-2900 with effect from the dates shown against CWP No. 15610 of 1993 3 each. The following Junior Engineers have also been adjudged to be eligible for the grant of selection grade from the date shown against each of them but will be granted after creation of necessary supernumerary posts for the relevant period: 1. xx xx xx 2. xx xx xx 6. Jaspal Singh (38) 17.3.81” 7. xx xx xx “ Annexure P.14 reads as under: In continuation of office order issued vide Endst.No.EA- 4-92/9292 dated 5.6.1992 in respect of grant of selection/promotional grade to Junior Engineers, the selection/promotional grade of the following Junior Engineers is hereby released with effect from the dates shown against each: Junior Engineers granted selection grade in the pre- revised scale of Rs.700-30-850/890-40-1100-EB-50-1250. Sr.No. Name of Officials & Date from which seniority No. granted. 1. S/Sh.S.P. Singh (6) 1.2.80 to 20.12.1980 2. Harish Verma (15) 1.2.80 to 16.3.81 3. Arun Kumar (17) 1.2.80 4. Gurdev Singh (22) 1.2.80 5. S.K.Bhatia (24) ) 1.2.80 6. Prem Singh (26)) 2.2.80 7. Charanuit Gulati (36) 21.12.80 CWP No. 15610 of 1993 4 8. Jaspal Singh (38) 17.3.81 Junior Engineers granted promotional grade of Rs.1640-60- 2600-EB-75-2900 1. Radhey Sharma (82) 1.1.86 2. Rajbir Singh (83) 1.1.86 3. Kuldeep Singh (85) 1.1.86 4. Jagbir Singh (86) 1.1.86 5. Chand Ram (98) 1.1.86 6. Ram Parkash (107) 1.1.86 This issues with the concurrence of Finance Department conveyed vide their U.O.No.1/1/4PE(FD)92 dated 27.5.1992” However, note was added to the order dated 17.5.1992, Annexure P.14 directing not to disburse the arrears of selection grade as the recovery was outstanding against him. Learned counsel for the petitioner challenged the impugned part of the order withholding the arrears on the plea that there is no order by the competent authority with regard to recovery of Rs.63517.29P. The impugned order, therefore, is totally arbitrary and violative of Article 14 of the Constitution of India. The contention of the learned counsel for the petitioner is that in pursuance to the departmental inquiry, no order of punishment has been passed, though claimed that inquiry officer has submitted his report. It is also the contention of the learned counsel for the petitioner that there is no justification, with the respondents to withhold the selection grade, on the date it became due, as there was neither any CWP No. 15610 of 1993 5 departmental proceedings pending nor any order of punishment was passed against him, rather the petitioner has not been punished even till date. The learned counsel for the petitioner, however, stated at the bar that the petitioner is satisfied with the grant of selection grade vide Annexure P.13. In the written statement, the only ground taken for withholding arrears in pursuance to the order Annexure P.13 and P.14, is that a departmental proceedings is pending against the petitioner, and that the petitioner was directed to deposit an amount of Rs.63,150/- (Rupees sixty three thousand one hundred and fifty only) before any decision is taken on the punishment to be awarded to the petitioner, in pursuance to the inquiry report. No body has appeared on behalf of the respondent. On consideration of matter, I find force in the contentions raised by the learned counsel for the petitioner. Once on the date when the selection grade became due to the petitioner, there was no departmental proceedings, it was not permissible in law to withhold the selection grade, once the petitioner was found eligible. In any case, there is absolutely no justification with the respondent to withhold the arrears in pursuance to the order Annexure P.13 granting selection grade to the petitioner w.e.f. 17.3.1981, as the recovery claimed is based on no judicial or quasi-judicial order, as till date there is no order of the competent authority imposing any recovery which might have been passed after due process of law. It is specific stand of the petitioner that no order of punishment has been passed on the basis of CWP No. 15610 of 1993 6 inquiry report, nor any notice with inquiry report has been sent to him. This writ petition is allowed. The impugned part of the order Annexures P.13 and P.14 withholding the arrears in pursuance to the order of grant of selection grade is set aside. Directions are issued to the respondent to release the arrears of selection grade with promotional scale to the petitioner w.e.f. 17.3.1981 to 28.3.1993. The petitioner shall be entitled to interest at the rate of 6 per cent per annum from the due date till payment. The amount due with interest be released within two months of the receipt of certified copy of this order. No costs. (Vinod K.Sharma) 09.12.2009 Judge rp