LPA No.239 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: LPA No.239 of 2008 DATE OF DECISION: February 26, 2009 STATE OF HARYANA & OTHERS ...APPELLANTS VERSUS DARYA RAM ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: MR. GAGANDEEP WASU, ADVOCATE FOR THE APPELLANTS. MR. SANJAY VIJ, ADVOCATE FOR THE RESPONDENT. ASHUTOSH MOHUNTA, J.(ORAL) The State of Haryana is aggrieved by the judgement dated 13.2.2008, passed by the learned Single Judge whereby directions have been issued to them to grant the respondent step-up of Rs.75/- per month w.e.f. 1.2.1981 and Rs.151/- per month w.e.f. 1.1.1986 upto 30.11.1996. The arrears have been confined to a period of three years. The respondent Darya Ram joined the services as Clerk in the Department of Industries, Haryana on 12.12.1961 and was promoted to the next higher post of Assistant in January, 1968. He was given the promotion to the post of Legal Assistant on 31.1.1981 and he continued to work on the said post till he was given promotion on regular basis on 20.10.1986, in the pay scale of Rs.700-1250/-. Thereafter he was allocated to the Department of Mines and Geology on 1.11.1989. Earlier in the State of Haryana there was a difference in the pay LPA No.239 of 2008 -2- scales of Legal Assistants in different Departments viz. Rs.225-500, 300- 600 and Rs.350-650/- . In order to bring uniformity in the pay scales, the State of Haryana decided that a unified pay scale of Rs.700-1250/- to the Legal Assistants in all the Departments in the State be given. Thereafter vide Instructions dated 30.3.1982, the State of Haryana allowed special pay of Rs.75/- per month to those Legal Assistants who were working in the unified pay scale of Rs.700-1250/-. The unified pay scale was to be admissible with retrospective effect, i.e. w.e.f. 1.2.1981 and after the revision of pay scales they were entitled to a special pay of Rs.150/- per month. In pursuance to the aforementioned instructions, three Legal Assistants working the Department of Industries, Haryana, namely, S/Shri S.P. Kaushal, Sudesh Kumar and Jawahar Lal who were on regular basis were allowed special pay. However, the benefit of special pay was withdrawn w.e.f. 1.6.1982, which was challenged by the aforementioned persons by filing a civil suit which was decreed in their favour vide judgement dated 30.5.1987, passed by Sub Judge Ist Class, Chandigarh. This judgement was challenged by the State of Haryana by filing an appeal before the District Judge, Chandigarh, however, the same was dismissed. Thereafter, the State of Haryana filed RSA No.269 of 1992 which was also dismissed by the High Court. No SLP was preferred against the judgement of the High Court and hence the judgement attained finality. The net result of the dismissal of RSA was that the aforementioned three persons who were working as Legal Assistants were held entitled to a special pay of Rs.75/- per month w.e.f. 1.2.1981 and special pay of Rs.150/- per month w.e.f. 1.1.1986. The respondent filed several representations to the petitioners to grant him the same relief as has LPA No.239 of 2008 -3- been granted to S/Shri S.P. Kaushal, Sudesh Kumar and Jawahar Lal, but to no avail. Thereafter the respondent filed CWP No.4288 of 1995, which has been allowed while the impugned judgement dated 13.2.2008. Counsel for the appellant-State has contended that as per the Circular dated 30.3.1982, special pay was admissible only to those Legal Assistants who were in the pay scale of Rs.300-600/- and 350-650/- in the pre-revised pay scale. However, as the respondent was in the pre-revised pay scale of Rs.225-500/-, hence the Circular dated 30.3.1982, was not applicable in his case. Learned counsel has further argued that the learned Single Judge has erred in relying upon the judgement of RSA and the Civil Courts while deciding the case of the respondent. A perusal of the aforementioned facts shows that in order to bring uniformity in the pay scales of Legal Assistants, all Legal Assistants who were working in any Department of the State would be entitled to the pay scale of Rs.700-1250/-. Thus, all the Legal Assistants started getting the aforementioned pay scale. The benefits of the Circular dated 30.3.1982, vide which special pay of Rs.75/- per month was given to the Legal Assistants w.e.f. 1.2.1981 and subsequently Rs.150/- per month w.e.f. 1.1.1986, was also given to the three Legal Assistants working in the Department of Industries, Haryana, namely, S/Shri S.P. Kaushal, Sudesh Kumar and Jawahar Lal. As the said benefit of special pay was withdrawn w.e.f. 1.6.1982, therefore, they filed civil suit which was decreed. The subsequent appeal before the District Judge as well as the RSA before the High Court filed by the State of Haryana were also dismissed. Therefore, the Legal Assistants were held entitled to the special pay. As the respondent was discriminated against and was not given the special pay of LPA No.239 of 2008 -4- Rs.75/- per month and Rs.150/- per month w.e.f. 1.2.1981 and 1.1.1986, respectively, therefore, he challenged the action of the State by filing the writ petition which has been allowed. In our considered opinion the respondent who was also working as Legal Assistant in the Department of Industries was entitled to the benefits of the Circular dated 30.3.1982. His case was at part with S/Shri S.P. Kaushal, Sudesh Kumar and Jawahar Lal who were also working as Legal Assistants in the Department of Industries. There was no reason to deny the respondent the special pay. In view of the above, we find no infirmity in the judgement of Learned Single Judge granting benefit of special pay of Rs.75/- per month w.e.f 1.2.1981 and Rs.150/- per month w.e.f. 1.1.1986, upto 30.11.1996 to the respondent The Letters Patent Appeal is accordingly dismissed. (ASHUTOSH MOHUNTA) JUDGE February 26, 2009 (NIRMALJIT KAUR) Gulati JUDGE