IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 32 of 2008 Date of Decision: 19.12.2008 State of Haryana and anr. ....Appellants Versus Bhalle Ram and ors. ...Respondents CORAM : Hon'ble Mr. Justice J.S. Khehar. Hon'ble Ms. Justice Nirmaljit Kaur Present:- Ms. Ritu Bahri, D.A.G., Haryana for the appellants. Mr. T.P.S. Chawla, Advocate for the respondents. J.S. KHEHAR, J. (ORAL) The controversy in the present appeal revolves on the interpretation of the following clarification of the Scheme of Government dated 07-08-1992 :- “ In case the Higher Standard Pay Scale of the lower post happens to be higher than the pay scale of the promotional post, the pay scale of the senior shall be stepped up to the level of pay scale of his junior and his pay will fixed assuming higher responsibilities for the pay scale so granted.” All the respondents were admittedly senior of Bani Ram and Satya Narain. All the respondents, Bani Ram and Satya Narain were members of the cadre of Clerks. On account of their seniority, the L.P.A. No. 32 of 2008 -2- respondents claimed stepping up of their pay/pay scale to the level of their juniors Bani Ram and Satya Narain. In the first instance, the claim raised by the respondents was unilaterally accepted by the State Government. However, subsequently the same was withdrawn. The withdrawal of the aforesaid benefit came to be challenged by the respondents by filing Civil Writ Petition No.1370 of 2000. The aforesaid writ petition was allowed on 28-11-2007. The claim of the respondents was accepted. Their stepping up, in the first instance, was upheld whilst the withdrawal of the aforesaid benefit (of stepping up) at the subsequent juncture was set aside by this Court while disposing of CWP No.1370 of 2000 on 28-11-2007. The instant Letters Patent Appeal has raised a challenge to the determination rendered by the learned Single Judge. During the course of hearing, on an expressed query, learned counsel for the appellants informed us that the lower post in reference to the higher post in the clause extracted here-in-above, is the post of Restorer. On a further query, learned counsel for the appellants acknowledges that the higher standard pay scale of the post of Restorer is higher than the pay scale of the promotional post of Clerk. Thus viewed, we are satisfied that the respondents herein, were entitled to step up pay/pay scale so as to enable them to draw salary in the scale of their juniors, in terms of the clause, extracted here-in-above. Thus viewed, we find no infirmity in the judgment rendered by this Court in CWP No.1370 of 2000. Dismissed. (J.S. KHEHAR) JUDGE (NIRMALJIT KAUR) December 19, 2008 JUDGE gurpreet