RSA No. 5869 of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- RSA No. 5869 of 2003 Date of decision: 22.05.2008 State of Haryana .......Appellant Versus Jagdish Parsad Sharma .......Respondent Coram: HON'BLE MRS. JUSTICE NIRMAL YADAV Present: Mr. Siddharth Batra, AAG, Haryana for the appellant - State Mr. B R Gupta, Advocate for the respondent -.- NIRMAL YADAV, J. (Oral) The State of Haryana has filed the present regular second appeal challenging the judgment and decree dated 03.09.2002 passed by learned Civil Judge (Junior Division) Hissar, vide which, plaintiff's suit for declaration has been partly decreed to the effect that in view of 3rd proviso to Rule 8 of Haryana Civil Services (Revised Pay) Rules, 1987 ( in brevity, to be called as 'Rules 1987'), he is entitled for fixation of his pay in the pay scale of Rs.950-1500 with effect from 01.01.1986, along with other retiral benefits, and consequential revision of pension as well as the judgment and decree dated 25.09.2003 passed by learned Additional District Judge, Hissar, affirming the findings returned by the trial Court, in toto, besides granting interest at the rate of 9% per annum on the amount of arrears of pay. Plaintiff was working as Clerk in the Sessions Court, Hissar in RSA No. 5869 of 2003 2 the selection grade of Rs. 480-760. After the implementation of recommendations of the Fourth Pay Commission, the appellant State revised the pay scale of the plaintiff/respondent in the grade of Rs.950-20- 1150-EB-25-1500, in terms of Column 4 of the First Schedule of the Notification No. G.S.R.39/Const./Art.309/87 dated 29th April, 1987, issued by Haryana Government, Finance Department, which was made effective from 01.04.1986. But the plaintiff claims that his pay be fixed in the revised pay scale of Rs. 1200-30/1500-EB-2040 with effect from 01.01.1986 as per Column No. 5 of the First Schedule of the above referred Notification. I have heard the learned counsel for the parties and have perused the record. On a careful consideration of the arguments raised by learned counsel for the parties, I am of the considered view that the plaintiff is not entitled for revision of pay in the revised pay scale of Rs.1200-2040, as he does not fall in the category of employees under Column No. 5 of the First Schedule of the above referred Notification, since he was working in the selection grade of Rs.480-760, which has been revised to Rs.950-1500. The revision of pay scale should have been granted with effect from 01.01.1986 as provided in the Rules 1987. The authorities have erred in granting the pay scale of Rs.950-1500 with effect from 01.04.1986, which is against the spirit and provision of 3rd proviso to Rule 8 of Rules 1987. Accordingly, both the Courts below have rightly granted fixation of pay in the revised pay scale of Rs.950-1500/- with effect from 01.01.1986 instead of 01.04.1986. RSA No. 5869 of 2003 3 Learned counsel for the respondent argued that since the plaintiff has been given the said benefit after a lapse of about 13 years, therefore, the Appellate Court has rightly awarded interest at the rate of 9% per annum on the amount of arrears of pay. It is also argued that the Courts below have erred in restricting the payment of arrears only to 38 months prior to the filing of the suit. On the other hand, learned State counsel argued that interest awarded by the Appellate Court is on the higher side and the same needs to be reduced to 6% per annum. Taking into consideration the facts that the plaintiff has been given his dues after a lapse of about 13 years, the Courts below were justified in restricting the payment of arrears only to 38 months prior to the filing of the suit and the plaintiff would be entitled to the interest at the rate of 9% on the amount of arrears of pay as awarded by the Appellate Court. In view of the above, no ground for interference with the impugned judgments and decrees is made out. No question of law, much less substantial questions of law arises for determination in the instant appeal. Accordingly, it is dismissed. [NIRMAL YADAV] JUDGE May 22 , 2008 mohan RSA No. 5869 of 2003 4