IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.393 of 1987 Date of Decision:9.11.2011 Sh. Tanak Chand .... Petitioner Versus The Director, Local Bodies (Haryana) and others .... Respondents CORAM: Hon'ble Mr. Justice K. Kannan Present: Mr. Kanwaljit Singh, Sr. Advocate with Ms. Vidushi Gaur, Advocate for the petitioner. Mr. O.P. Sharma, Addl. A.G. Haryana. **** K. KANNAN, J.(Oral) 1. The petitioner seeks for mandamus of direction to the respondents No.1 to 4 to grant the appropriate scale of Rs. 525-1050 corresponding to the pre-revised scale of Rs. 120-250. 2. The basis of claim by the petitioner is that while he was serving as Statistical-cum-accounts clerk (sic), he was getting the scale of Rs. 110- 225 at the Municipal Committee at Panipat and later promoted as an assistant on the scale of Rs. 120-250. He had been later transferred to the Municipal Committee Asandh on 4.6.1986 and he was placed on lower scale of Rs.110-225, while Labh Singh arrayed as 5th respondent who was an assistant in the Municipal committee and later appointed in point of time than the petitioner at Karnal, was placed on a higher scale of 120-250 at the pre revised scale. 3. The written statement of the second respondent Municipal Committee Asandh and third respondent Municipal Committee Panipat concede to the contention raised by the petitioner that he was given promotion and put on higher scale at 120-250. The Municipal Committee, CWP No.393 of 1987 -2- Asandh would contend that Labh Singh was very intelligent and therefore put on a scale of Rs. 120-250. 4. The issue is not merely that Labh Singh who was later appointed could be put on higher scale. The issue is whether that a regular transfer of an employee of Municipal Committee from one place to another within the same District could come by a lower scale by the only fact that he has been transferred. No tangible explanation is given as to how the petitioner who was placed in a pre-revised scale of Rs.120-250 at Panipat was given a reduced scale of 110-225 when he was transferred to the Municipal Committee Asandh. The reduction in scale is patently unjust and also discriminatory. The petitioner is entitled to the relief as sought for. He shall be taken as entitled as to be placed in a revised scale of 525-1050 from the date when he was transferred and assumed the charge at the Municipal Committee, Asandh. The petitioner shall be entitled to all the consequential benefits accrued till date and the said exercise shall be completed in the place where he is working, if he will in service. If he has been superannuated, the same shall be worked out and paid to the petitioner within a period of 12 weeks from the date of receipt of copy of the order. This will also have bearing on the terminal benefits and the same will have to be calculated from the date when the petitioner was transferred. In case the said benefits are not paid within the stipulated period, it will carry interest @ 7% from today. 9.11.2011 ( K. Kannan ) rajeev Judge