IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.845 of 2008 Date of Decision: 21.1.2008 Gopal Singh Rawat Petitioner Versus The State of Haryana and another Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri Rajesh Arora, Advocate for the petitioner Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash order dated 12.1.2007 (Annexure P/10), vide which, claim of the petitioner, to get higher pay scale w.e.f. 1.4.1979, was rejected. It was case of the petitioner that selection grade was given to the respondents w.e.f. the above said date. However, without any justification, claim of the petitioner was declined. Before filing this writ petition, the petitioner came to this Court by filing CWP No.8901 of 2006, which was disposed of by this Court on 30.5.2006 with a direction to the respondents to decide his pending representation. In compliance to the order, referred to above, the authorities have passed order (Annexure P/10). In that order, we feel, valid reasons were given to decline selection grade to the petitioner w.e.f. the date his juniors were given the above said grade. The findings given to decline claim of the petitioner read thus:- Civil Writ Petition No.845 of 2008 “1. Sh.Gopal Singh Rawat was not allowed selection grade 700/1250 as he was not found fit due to poor performance of his work and conduct by the competent authority. 2. He remained under suspension w.e.f. 23.7.1986 to 21.1.1987 as he committed certain acts of omission & commission for which he was served charge sheet under Rule 7 by the Engineer-in-Chief, Haryana, PWD, Public Health Branch, Panchkula and he was finally awarded the punishment of stoppage of one annual grade increment besides warned to be careful. His suspension period was not treated as duty period. Hence date of increment changed. 3. On a charge sheet under rule 8 he was awarded the punishment of stoppage of one annual grade increment besides censure of conduct vide Engineer-in-Chief, Haryana PWD, Public Health Branch, Panchkula order no.3921-25 dated 9.5.2003. 4. He did not opt for the revised scale of Rs.1640-60-2600/EB- 75-290 w.e.f. 1.1.1986. But he has opted the revised pay scale w.e.f. 1.5.1986. That due to the above punishment and his performance of work and conduct and his delayed option of revised scale, Sh.Gopal Singh Rawat lagged behind Sh.Bhushan Kumar Sub Divisional Engineer in getting pay equal to Sh.Bhushan Kumar, Sub Divisional Engineer and a comparative statement showing the detail of pay of both the retires from time to time is enclosed as Annexure ‘A’. 2 Civil Writ Petition No.845 of 2008 Since Sh.Gopal Singh Rawat Sub Divisional Engineer (Retired) was found wanting in the performance of his official duty and his performance for the period from 1978 to 1983 was not found satisfactory by his superiors the year 1983 instead of 1978. Consequently he was granted the selection Grade in the year 1982 which would have otherwise been earned by him on 1.4.1979 had his performance been satisfactory.” It is apparent from the record that throughout during his service career, work and conduct of the petitioner was not upto the mark, whereas, that of his juniors was extremely good and they were given the benefit of higher pay scale and selection grade etc. as per norms. It is not in dispute that the petitioner had retired from service on 31.12.2004 and during his entire career of service, he never agitated that selection grade was wrongly declined to him on the due date. The petitioner has failed to show us contravention of any of the norms fixed, for grant of selection grade. No case is made out for interference. Dismissed. (Jasbir Singh) Judge January 21, 2008 (Jaswant Singh) gk Judge 3