State of Haryana and Others vs Kanta Rani

V.N. Khare and S.N. Variava, JJ.—Delay condoned.

Leave granted.

This appeal arises from the judgment passed by the High Court of Punjab and Haryana. The High Court allowed the writ petition, tiled by the respondent and direeted the Appellants to consider the case of the respondent for appointment to a post carrying pay scale of Rs. 950-1,500 (pre-revised).

The respondent's husband was working on a Class III post who subsequently died. After the death of the respondent's husband, the Respondent, gave an application for appointment on compassionate grounds. The Appellants appointed the respondent as Class IV employee which she accepted. Subsequently, she claimed that she is entitled to the pay scale of Rs. 950-1,500 a step lower than what her husband was getting. On refusal by the Appellant, she filed a writ petition before the High Court, which has been allowed. Aggrieved, the State is in appeal before us.

The controversy in this case stands concluded by the decision of this Court in SLP (C) No. 778 of 1999 State of Haryana and Ors. v. Rajiv Deshwal, dated 22.3.1999. In the said decision, this Court held that one step lower means the appointment on a lower post. Following this decision, we allow this appeal and set aside this judgment under appeal. There shall be no order as to costs. We may clarify that the respondent would continue to work on Class IV post on which she was working earlier.