Gorakh Nath vs High Court of Punjab and Haryana and Others

Hemant Gupta, J.—The challenge in the present petition is to the order dated 02.06.2004 (Annexure P4), whereby the pay of the petitioner was fixed in the scale of Rs. 16750-20500 at Rs. 17550/- w.e.f. 01.01.1996. The petitioner was promoted to the post of Additional District and Sessions Judge in the Superior Judicial Service in the pay scale of Rs. 3200-5600 in the year 1981. The petitioner was promoted to the post of District and Sessions Judge as a member of Superior Judicial Service in June 1991 and was granted selection grade of Rs. 5900-6700 reserved for 20% of the cadre strength of Superior Judicial Service. The petitioner retired on 22.01.1996 as District and Sessions Judge from the State of Haryana.

The pay scale of judicial officers were revised vide notification dated 28.09.2001 (Annexure P-10). The said notification was superseded by another notification dated 07.05.2003. The revised pay scale to the members of Superior Judicial officers are as follows:

The petitioner asserts that he was granted selection grade w.e.f. 01.10.1991, therefore, his pay at Rs. 18900/- was rightly fixed in the revised selection grade of Rs. 18400-500-22400 as per the original notification dated 28.09.2001 vide order dated 18.12.2001. Thus, the fixation of pay @ Rs. 17500/- in the basic grade of Rs. 16750- 20500 is wholly illegal and unwarranted.

In reply, the fact that the petitioner was granted selection grade w.e.f. 01.10.1991 is admitted. It is also admitted that pay of the petitioner was fixed at Rs. 18900/- corresponding to the revised pay scale. However, it is stated that this court has adopted the criteria for grant of the selection grade to the members of Superior Judicial Service in pursuance of the report dated 08.01.2004 submitted by a Committee of Judges. The said report contemplated that the reports in the preceding five years will be taken into consideration for the grant of the selection grade. It is further averred that the grant of selection grade w.e.f. 01.01.1996 was considered as per the report of the said committee and that the petitioner was not found eligible of the grant of selection grade w.e.f. 01.01.1996 as he had got ''c'' ''Integrity Doubtful'' in the year 1994-95 and ''c'' ''Below Average'' in the year 1995-96. Therefore, the pay of the petitioner has been rightly fixed in the entry level pay scale for the District and Sessions Judges for 01.01.1996.

We find that the action of the respondents in fixing pay scale in the entry level of the District and Sessions Judge of the petitioner is unwarranted and illegal.

The petitioner was granted selection grade w.e.f. 01.10.1991 after he has put in almost 10 years of service in the promoted cadre. The criteria finalised by the report of the Committee on 08.01.2004 is subsequent to the grant of the selection grade to the petitioner. The selection grade has been declined for the reason that the petitioner had got ''C'' ''Integrity Doubtful'' for the year 1994-95 and ''c'' ''Below Average'' for the year 1995-96 i.e. subsequent to the grant of selection grade w.e.f. 01.10.1991. The subsequent ACRs cannot be taken into consideration for declining revised selection grade corresponding to the selection grade already granted to the petitioner. The criteria framed by the Committee cannot be extended to the petitioner who was already granted selection grade w.e.f. 01.10.1991. The criteria shall be applicable to only those officers, who became eligible for the grant of selection grade subsequent to the acceptance of report of the Committee. The officers like the petitioner, who was already granted selection grade w.e.f. 01.10.1991 on the basis of his service record cannot be governed by the new criteria. The petitioner is entitled to revised pay scale corresponding to the pay scale already granted to him. The petitioner was not being considered for grant of selection grade for the first time on 01.01.1996. The petitioner is to be granted revised pay scales only. In view of the above, we find that communication dated 02.06.2004 (Annexure P4) suffers from patent illegality. Therefore, the same is set aside. The respondents are directed to fix pay of the petitioner in the revised pay scale of Rs. 18750-22850 w.e.f. 01.01.1996 and grant consequential benefits in accordance with law within a period of three months from today.

The writ petition stands disposed of.