Om Parkash vs State of Haryana and Others

Augustine George Masih, J.—Petitioner has approached this Court claiming the seniority over and above private respondents No. 5 to 7 and has also claimed the technical pay scale on the ground that he is working on a technical post on his promotion to the post of Pump Operator Grade-II. He contends that similarly placed employees, who have been promoted to the post of Pump Operator Grade-II including respondents No. 5 to 7, have been granted the technical pay scale, but the said benefit has not been granted to the petitioner, despite representation made by him. A legal notice was also served upon the respondents by the petitioner on 23.11.2011 (Annexure-P-12), but no decision thereon has been conveyed to the petitioner till date, although the petitioner was asked by the Executive Engineer to attend the office on a working day regarding certain clarifications, which petitioner provided. Counsel for the petitioner states that the petitioner, at this stage, would be satisfied, if direction is issued to the Superintending Engineer, Public Health Engineering Department, Garhi Bolni Road, Rewari respondent No. 3 to consider and decide the claim of the petitioner with regard to grant of the technical pay scale as the petitioner is holding a technical post on his promotion to the post of Pump Operator Grade-II within some specified time.

In the light of the statement made by the counsel on instructions from the petitioner, the prayer in the writ petition with regard to his seniority over and above respondents No. 5 to 7 does not sustain as the same is given up. However, a direction on the question of his entitlement to the post of technical pay scale, as claimed through legal notice dated 23.11.2011 (Annexure-P-12), is directed to be considered and decided by the Superintending Engineer, Public Health Engineering Department, Garhi Bolni Road, Rewari-respondent No. 3 within a period of three months from the date of receipt of certified copy of this order. The decision, so taken, be conveyed to the petitioner forthwith.

In case, the petitioner is held entitled to the claim made by him through his legal notice dated 23.11.2011 (Annexure-P-12), the consequential benefits, if any, be released to him, in accordance with law, within a further period of two months. If the claim of the petitioner as projected through his legal notice dated 23.11.2011 (Annexure-P-12) is rejected, then a speaking and well reasoned order be passed by the respondents. The writ petition stands disposed of.