CWP No.1683 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.1683 of 1989 DATE OF DECISION: January 17, 2007 CHARAN DASS AND OTHERS ...PETITIONERS VERSUS STAT E OF HARYANA AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. B.S. SEHGAL, ADVOCATE FOR THE PETITIONERS. MR. ANMOL RATTAN SIDHU, ADDL.A.G., HARYANA WITH MR. RAJEEV KWATRA, SR.DAG, HARYANA. ASHUTOSH MOHUNTA, J. (ORAL) The petitioners have prayed for regularization of their services on the post of Health Inspector from the date they have assumed charge of the post of Health Inspector with all consequential benefits. Petitioner No.1 was initially appointed as Basic Health Worker on 5.8.1963 and petitioner Nos.2 & 3 were appointed as Tracoma Field Workers. All the petitioners thereafter qualified for the post of Health Inspector/Malaria Inspector and were appointed as Health Inspector/Malaria Inspector. These appointments were purely temporary for a period of 6 months and the said period could be extended further with the approval of the Subordinate Services Selection Board, Haryana (hereinafter referred to as 'the Board'). The petitioners continued on this post although there was no approval by the Board. As the petitioners have already retired from service, therefore, the prayer of the petitioners for regularization of their services has been CWP No.1683 of 1989 -2- rendered infructuous. It has also been argued by Mr. Sehgal that as the petitioners were working as Health Inspector/Malaria Inspector in pursuance to the orders (Annexure P-3) upto to their retirement, therefore they should be given the pay scale of the post on which they have been working, as revised from time to time. Learned counsel for the State submits that as the petitioners were never regularized on the post of Health Inspector/Malaria Inspector, therefore, they are not entitled to be paid the salary for this post. He further submits that the petitioners were allowed to work in their own pay scale against his original post. A perusal of the aforementioned facts clearly show that undisputedly the petitioners had been working on the post of Health Inspector/Malaria Inspector. They retired from this post, thus, having rendered service as Health Inspector, therefore, the petitioners would obviously be entitled to the pay scale admissible to a Health Inspector/Malaria Inspector. The Hon'ble Supreme Court in Smt. P. Grover vs. State of Haryana reported as 1983 (2) SLR 734 has held that where the promotion is on acting basis, even then the officer would be entitled to salary of such higher post on which he was working. In another case of Rajinder Nath Malhotra vs. State of Punjab and ors. reported as 1990(2) SLR 305 it was held that even if the promotion of the petitioner is in his own pay scale still the claim of the petitioner for the salary admissible to him in the higher rank was justified. In the present case also the petitioners were officiating as Health Inspectors/Malaria Inspectors in pursuance of their appointment CWP No.1683 of 1989 -3- letter and having discharged their services as Health Inspectors/Malaria Inspectors, they are entitled to the salary of the post on which they were working, as revised from time to time. In view of the judgements rendered in Smt. P. Grover's case and Rajinder Nath Malhotra's case (supra) the petitioners are held entitled to the pay scale of the post on which they were working. The writ petition is partly allowed. The respondents are directed to pay the petitioners the entire arrears of salary within a period of 6 months alongwith all consequential benefits. January 17, 2007 (ASHUTOSH MOHUNTA) Gulati JUDGE