Parkash Chand Saklani vs Addl. Chief Secretary (Horticulture) and Others

Dharam Chand Chaudhary, J.—This petition has been filed with the following prayer:-

(i) That the respondents may be directed to release the time scale and payment of personal claims stated above.

The grouse of the petitioner, as brought to this Court in this petition, in a nutshell, is that he has not been released the higher pay-scale on the completion of 16 and 18 years service. According to the petitioner, such benefit has not been granted to him, irrespective of his case alongwith one Kripal Singh and some other Junior Horticulture Officers, having been recommended by the then District Horticulture Officer, Kangra at Dharamshala to the competent authority. He has claimed arrears to the tune of Rs. 4.50 lacs on account of withholding of due and admissible benefits.

There is no denial to the service particulars of the petitioner detailed in the petition in reply thereto filed on behalf of respondents No. 1 to 4. It is denied that higher pay-scale of Rs. 3700-5300 has not been granted to the petitioner. This pay-scale now stands revised to Rs. 12000-16350 w.e.f. 1.1.1996 and stands released to him from the due date i.e. 1.1.1996 notionally and with all monetary benefits from 15.12.2001, the date when he passed the departmental examination, which according to the respondents, is a condition precedent for release of the higher pay-scale.

In rejoinder, while admitting the release of higher pay-scale notionally w.e.f. 1.1.1996, it is submitted that he was entitled to financial benefit w.e.f. 1.1.1996, as in the case of Shri Kripal Singh. There is, however, no rejoinder so as to the condition of passing of departmental examination, precedent for the release of such scale. In the rejoinder, he has also raised the plea of non-regularization of the period from 8.4.2005 to 19.4.2005 and thereafter from 20.4.2005 to 26.5.2005 being on leave. Also that the claim on account of TA bill for the months of June and July, 2006 was also withheld intentionally and it is after the filing of this petition, the same now stands released to him.

Having gone through the record and hearing the petitioner in person and also learned Additional Advocate General, the grouse of the petitioner regarding the release of higher pay-scale of Rs. 12000-16350 w.e.f. 1.1.1996, with all monetary benefits, is not substantiated on record as passing of departmental examination, in view of the reply to the petition filed on behalf of the respondents, was a condition precedent. He admittedly had passed the departmental examination on 15.12.2001 and, therefore, has rightly been released the said pay-scale w.e.f. 1.1.1996 notionally vide office order Annexure R-1, with monetary benefits payable from 15.12.2001. No doubt in the petition the instance of one Shri Kripal Singh has been quoted, who has been granted the higher pay-scale of Rs. 3700-5300 (pre-revised) w.e.f. 3.12.1994, however, it is nowhere the case of the petitioner that said Shri Kripal Singh had also not qualified the departmental examination like him. On the other hand, vide order Annexure R-2, this scale has been released to said Shri Kripal Singh on the completion of 18 years service, which he had completed on 3.12.1994; whereas on that day, 18 years service was not in the credit of the petitioner. Therefore, the petitioner cannot be said to be similarly situated to said Shri Kripal Singh.

If coming to non-regularization of period from 9.4.2005 to 19.4.2004 and 20.4.2005 to 26.5.2004, though such claim being not raised in the petition should have not been considered, however, in view of order dated 24.6.2013, issued by the Directorate of Horticulture, Northern Zone, Dharamshala, a copy whereof has been produced by learned Additional Advocate General and taken on record, the aforesaid period stands regularized on sanction of leave of the kind due. Even the claim on account T.A. also stands settled and the due and admissible amount on this score released. In view of the above discussion, there is no merit in this petition and the same as such is dismissed. Pending application(s), if any, shall also stand disposed of.