LPA No. 1136 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1136 of 2009 Date of Decision 30.07.2010 Smt. Sujata Sharma -----Appellant Versus State of Haryana and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Pritam Saini, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 22.07.2009 delivered by the learned Single Judge, while disposing of C.W.P. No. 4230 of 2009. It has been found that the parent cadre of the appellant is the office of the Chief Secretary to Government of Haryana, Haryana Civil Secretariat, Chandigarh. However, she had started working on an ex-cadre post in the State Land Use Board when she was working on a lower post. After qualifying the departmental promotion test on 26.05.2007, she was given proforma promotion as Senior Scale Stenographer in her parent cadre. In the year 2008, she went to the office of State Information Commissioner on the post of Personal Assistant where LPA No. 1136 of 2009 -2- her pay was fixed at Rs. 7500/- in the pay scale of Rs. 6500-10500 w.e.f. 30.01.2008 on the ground that in the office of the State Land Use Board, her pay has been fixed at Rs. 7500/- as on 30.01.2008 as per last pay drawn certificate. The learned Single Judge has rejected the claim with the observation that Rule 4.4(c) (i) read with Note 10 does not contemplate the fixation of pay of an employee by protecting what such an employee was drawing on any ex-cadre post when she has gone to another ex-cadre post, it could not be disputed by the learned counsel for the appellant that Rule does not come to his rescue. There is, thus, already detailed discussion by the learned Single Judge on the Rule 4.4(c)(i) read with Note 10. It would, thus, be futile to entertain any exercise in the aforesaid question all over again. The appeal is wholly without merit and is dismissed. (M.M. KUMAR) JUDGE (A.N. JINDAL) JUDGE July 30, 2010 Atul