Sumer Singh Malik vs State of Haryana and Others

Augustine George Masih, J.

1.The only question which needs to be decided in the present petition is whether an employee can be assigned lower pay-scale of a post than what has been provided under the Rules applicable to the Department and the post concerned ?

It is the contention of the Petitioner that he is working as Feed Analytics in the Department of Animal Husbandry and Dairying, Haryana. According to the Petitioner, earlier there were no statutory Rules governing service of the said post. However, the Government of Haryana for the first time framed the Haryana Veterinary Headquarter and Field (Group C) Service Rules, 1999, which came into effect on 22nd September, 1999 on their publication in the Official Gazette with regard to the post of Feed Analytics, the same were provided in Appendix A to the said Rules which reads as follows:

Sr. No. Designation Number of Permanent Posts Temporary Total Scale of Pay

1 2 3 4 5 6

Feed Analytics -- 01 01 Rs. 5500--175-- 8300--EB-- 175--9000

A perusal of the above would show that the scale of pay granted is Rs. 5500-9000. In accordance with the said Rules, the pay of the Petitioner was fixed as he was holding the post of Feed Analytics. Now,--vide order/letter dated 7th August, 2006, the pay-scale of the Petitioner has been reduced to Rs. 5450--8000 on the ground that the said pay-scale has been wrongly given in the Service Rules and as a matter of fact, the revised pay scale of the post of Feed Analytics was Rs. 5450--8000 with effect from 1st January, 1996 as notified in the notification dated 7th January, 1998 issued by the Finance Department. Vide this letter/order, apart from reducing the pay-scale of the Petitioner, recovery has also been ordered to be effected from the Petitioner.

Upon notice having been issued, the Respondents have put in appearance and filed written statement stating therein that in the year 1999, the departmental Rules were framed wherein it has been inadvertently shown that the post of Feed Analytics carries the pay-scale of Rs. 5500--9000 whereas the correct scale of the said post is Rs. 5450--8000. It has further been submitted that Respondent No. 2 has already initiated the process of rectifying the typographical error,--vide letter No. 7.1.1998 Estt. III/3 dated 7th August, 2006. It has further been stated that the Petitioner has been wrongly granted the pay-scale of Rs. 5500--9000 and that too without the sanction/ verification of the Director General, Animal Husbandry and Dairying, Haryana -Respondent No. 2. It is not disputed that the departmental Rules governing the service of the Petitioner till date provide for the pay-scale of Rs. 5500--9000 for the post of Feed Analytics.

We have heard counsel for the parties.

The facts are not in dispute in the present case. The statutory Rules provide for the pay-scale of Rs. 5500--9000 for the post of Feed Analytics. The said fact has not been disputed by the Respondent that till date the said scale hold the field. It is the stand of the Respondents that the correction process stands initiated by Respondent No. 2,--vide his letter dated 7th August, 2006 but till date, the said correction has not come into effect,--vide which the pay-scale on the post of the Feed Analytics is sought to be corrected to Rs. 5450--8000 from Rs. 5500--9000. The conditions of service of the Petitioner are governed by the statutory Rules which have been framed under Article 309 of the Constitution of India which has the force of the Statute and till the said rules hold the field, the Petitioner is entitled to the claim based on the said Rules.

In view of the fact that the statutory Rules provide for the pay-scale of Rs. 5500--9000 to the post of Feed Analytics, the Respondents cannot take a contrary stand and through executive instructions reduce the pay-scale of the said post to Rs. 5450--8000. The action of the Respondents, thus, cannot be sustained and the impugned order dated 7th August, 2006 (Annexure P-5) passed by the Director General, Animal Husbandry and Dairying Department, Haryana-Respondent No. 2, cannot be sustained.

In view of the above, this writ petition is allowed and the order dated 7th August, 2006 (Annexure P-5) is hereby quashed.