IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.724 of 2009 (O&M) Date of decision: 17.8.2009 State of Haryana and others. -----Appellants Vs. Devi Ram. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Rameshwar Malik, Addl.A.G., Haryana for the appellants. ----- ORDER: 1. This appeal has been preferred by the State against direction of the learned Single Judge to fix the pay of the respondent in the scale of Rs.5,000-7,850/-, in which scale he was already working. 2. The respondent was working as Clerk in Municipal Committee. He worked from 25.11.1967 to 11.6.2001. On account of abolition of octroi, the employees working in the municipalities were transferred to Government. Initially, the respondent was placed in the pay scale of RS.5000-7850/- but, later on, his pay was fixed at Rs.4590/- in lower scale of Rs.3050- 4590/-. Additional Personal Pay of Rs.1460/- was given to him to LPA No.724 of 2009 protect the pay he was getting. This was to be adjusted against future increments to be earned by him. The respondent challenged the action of lowering his pay scale and treating his pay to be protected at the pay he was already getting, which was to be adjusted against future increments. The appellants sought to justify the action by stating that in the letter of appointment, it was made clear that the respondent will not claim any benefit of past service towards fixing of seniority and other matters. 3. Learned Single Judge relying upon judgment dated 15.7.2008 of the Hon’ble Supreme Court in State of Haryana and another v. Deepak Sood & others Civil Appeal No.4446 of 2008 held that the condition of transfer could affect only his seniority and not other benefits and once he had already worked in the pay scale of Rs.5000-7850/-, his pay could not be fixed in the scale of Rs.3050-4590/-. 4. We have heard learned counsel for the appellants. 5. Learned counsel for the appellants submitted that since the pay scale of Clerk in Secretariat is Rs.3050-4590, placing of the respondent in the said scale was justified. 6. We are unable to accept the submission made. The respondent was already working in the scale of Rs.5000-7850/- and there is no justification for lowering his pay scale. We, thus, do not find any ground to interfere with the view taken by the learned Single Judge. 7. The appeal is dismissed. 2 LPA No.724 of 2009 8. In view of above, we do not express any opinion on justification or otherwise for delay of 165 days in filing this appeal. (ADARSH KUMAR GOEL) JUDGE August 17, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 3