CWP(T) No. 65 of 2008 (TA 113/2003). 27.09.2010 Present: Mr. D. P. Gupta, Advocate, for the petitioners. Mr. Naresh Kaul, Advocate, for the respondent. It is not in dispute that petitioner was appointed as Refrigeration Mechanic in the pay scale of Rs. 400 – 600 w.e.f. 15.10.1985. 2. It is also not in dispute that w.e.f. 12.7.1985 the respondents revised the Recruitment and Promotion Rules (Class I, II, III, IV), 1975 with the “Recruitment & Promotion (Revised) Rules, 1985”. In terms of the said Rules the post of Refrigeration Mechanic was to be filled up by direct recruitment. The pay scale was refixed to Rs. 570 – 1080. 3. In para 4 of the petition it is categorically mentioned that petitioner fulfilled the eligibility criteria laid down in the revised Rules. The respondents gave benefit of the revised Rules to the petitioner w.e.f. 1989. Petitioner’s claim is for entitlement of the revised pay scale w.e.f. the date of his appointment. 4. Respondents have denied the claim simply on the ground that petitioner had accepted the terms and conditions of the appointment whereby he was offered pay scale of Rs. 400 – 600. Now this cannot be a ground for rejecting the petitioner’s claim. Conditions of his service are government by the Rules framed and revised from time to time. Respondents themselves granted him revised pay scale w.e.f. 1989. There is no explanation as to why the same was not done w.e.f. 1985 onwards. It has not been disputed in the reply that petitioner was not fulfilling the eligibility criteria. Had it been not so he, -2- at the first instance would have not been selected. As such the petitioner is entitled to the revised pay scale in terms of Annexure A-2 with effect from the date of his appointment. 5. Respondents have also not given him the benefit of proficiency set up within eight years from the date of his appointment. The petitioner is entitled to the same. His service record is not disputed to be good. 6. As such the respondents are directed to take consequential action within a period of three months from the date of receipt of the certified copy of the order. It is clarified that arrears, if any, are not disbursed within the aforesaid period, then thereafter, petitioner shall be entitled to interest @ 9% p.a. Petition stands disposed of accordingly. (Sanjay Karol), Judge. September 27, 2010 (PK)