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Judgment
Petitioner has filed this petition under Article 226 of the constitution of India challenging impugned order dated 21.10.2021 (Annexure-P/10).
By said order, representation filed by petitioner regarding correct absorption on post of Assistant Grade-III and fixation of pay was considered and rejected. It was held that petitioner was absorbed on post of Assistant Grade-III on 30.12.2004. By amended order dated 22.09.2008, pay scale of petitioner was fixed on post of Assistant Grade-III. Pay fixation was found to be correct, thereafter, recommendation was made by Head of the Department and Joint Director Treasury. On aforesaid consideration, it was found that petitioner was correctly absorbed and right pay fixation was done.
Learned counsel appearing for petitioner submitted that petitioner was appointed vide order dated 27.06.1988 on post of Accountant. Vide order dated 19.02.2004, services of petitioner were absorbed in Women's and Child Development Department as Assistant Grade-III. As per said order, services of petitioner rendered in earlier department is to be counted for pension and other benefits and not for seniority. Fixation of salary is to be done on basis of last salary certificate from earlier organization. It is submitted that respondents had committed an error in passing impugned order 30.12.2004 (Annexure-P/4) in deleting condition No.2 and 3 by said order. Petitioner has to be granted benefits as per order dated 22.09.2008 and 31.05.2008 (Annexure-P/5). In view of same, writ petition may be allowed and impugned order be quashed.
Learned Government Advocate appearing for State submitted that petitioner was absorbed on post of Assistant Grade-III as per order dated 19.02.2004. Conditions No.2 and 3 mentioned in order dated 19.02.2004 (Annexure-P/2) were deleted vide order dated 30.12.2004. Said order has become final and was not called in question. Petitioner who was working as Accountant under Board was declared surplus vide order dated 05.02.1998. Petitioner has given an affidavit for his absorption on post of Assistant Grade-III. On basis of consent, petitioner was appointed on post of Assistant Grade-III. It is submitted that impugned conditions No.2 and 3 were deleted by subsequent order. Petitioner's claim on salary of Accountant is baseless. Petitioner was appointed as Assistant Grade-III and is entitled for the salary of the said post. In view of same, writ petition deserves to be dismissed.
Heard the counsel for the parties.
State Government has issued a circular dated 19.07.1973. Said circular is in respect of recommendation made by Departmental Reorganization Committee in respect of surplus employees. Said circular is not applicable in case of petitioner as petitioner was absorbed vide order dated 19.02.2004. Conditions No.2 and 3 mentioned in said order were subsequently deleted vide order dated 30.12.2004. Petitioner did not challenge order dated 30.12.2004 and same has become final. Petitioner has filed a document by filing amendment application which was allowed. By said order, similarly situated employees were absorbed on post of Accountant and their pay was refixed. Petitioner has made a prayer for grant of similar benefit. Since, respondents has extended similar benefit to other employees and not extending the same benefit to petitioner amounts to discrimination. Though, petitioner has not challenged order dated 30.12.2004 but same is only a technical error on his part to understand impact of it. Petitioner is continuing litigation for granting him benefit of post of Accountant and proper refixation. Earlier petition filed by petitioner was disposed of with direction to consider representation of petitioner. Due to orders of fresh consideration, effect of order dated 30.12.2004 is watered down.
In view of aforesaid circumstances of the case, petitioner cannot be deprived of a relief only because of technical error in not challenging order dated 30.12.2004. Earlier services rendered by petitioner cannot be wiped off and petitioner is to be absorbed on equivalent post and pay like in case of other employees. Respondents had failed to deny that Harish Khare was not given benefit of absorption on post of Accountant in pay scale of Rs.1200-1800/-.
In view of same, writ petition is disposed of directing respondent authority to grant similar benefit to petitioner as has been granted to other similarly situated employee Harish Khare.