Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Haryana Veterinary Service Class I Rules 1995 1930 and Haryana Veterinary (Group A) Service Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Haryana Veterinary Service Class I Rules, 1930 and Haryana Veterinary (Group A) Service Rules, 1995-Post of Deputy Director (Feed and Fodder)- Cadre-Pay scale-Held, on facts and under the Rules, the post is an ex-cadre post with lower pay scale than the cadre post. Inter-se Seniority-Cadre-Held, on facts and under the Rules of 1930, appellant holding the ex-cadre post is junior to the respondents holding the cadre post--Under the Rules of 1995, inter-se seniority will not arise being different cadres.Appellant was appointed in 1983 as Deputy Director (Feed and Fodder) on adhoc basis by respondent-State. In 1986, an advertisement was issued by State Public Service Commission for recruitment to the post on temporary basis. The appellant, who applied for the post, was appointed in the pay scale of Rs. 1200-1860. An appointment letter was issued to the appellant indicating that he would be governed by the Haryana Veterinary Service Class I Rules, 1930. The pay scale was revised in 1987 to Rs. 1400-2100 with effect from 1.2.1981. The revised pay scale was not given to the appellant. In 1988, the pay scale was further revised to Rs. 3000-4500. The appellant was given the revised pay scale of 1987 i.e. Rs. 1400-2100 only after the second revision. The appellant filed a Writ Petition before High Court for enhanced pay scale from the date of appointment. Meanwhile, in 1989, respondents 2 and 3 were appointed on different posts in the Class l service with higher pay scales. Further, the name of the appellant was not shown in gradation list published in 1992. The appellant filed another Writ Petition before the High Court for inclusion of his name in the gradation list and claiming seniority over respondents 2 and 3. In 1995, the respondent-State, in exercise of the powers conferred under the proviso to Article 309 of the Constitution of India, brought into force the Haryana Veterinary Service Group A Rules, 1995. The High Court dismissed the Writ Petitions of the appellant. The Single Judge relied upon a letter written by the Director, Animal Husbandry to the Secretary of the Government and held that the post of the appellant is an ex-cadre post and hence was not entitled to the revised pay scale of 1987 from the date of appointment and further enhancement made in 1988; and that respondents 2 and 3 were holding cadre posts in Class I service from the date of their appointment and hence were senior to the appellant with higher pay scale. Letters Patent Appeal filed by the appellant was dismissed by the Division Bench of the High Court in limine. In appeal to this Court, the appellant contended that the advertisement issued by the Service Commission indicated that the post of Deputy Director (Feed and Fodder) is a post in Class I service; that the advertisement never indicated the pay scale for the post; that he is entitled for the increased pay scale made in 1987 from the date of appointment and to the further enhancement made in 1988; that the respondent-State failed to produce documents to prove that the post held by him is an ex-cadre post; and that his name should be shown in gradation list as senior to respondents 2 and 3. The respondent-State contended that the post held by the appellant is an ex-cadre post with lower pay scale; that the appellant had accepted the post and the pay; and that the appellant cannot now claim higher pay scale and seniority over respondents 2 and 3, who were appointed to the cadre posts in Class I service. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2002 INSC 78 |
Petitioner | Ran Singh Malik |
Respondent | State Of Haryana And Ors. |
SCR | [2002] 1 S.C.R. 952 |
Judgement Date | 2002-02-13 |
Case Number | 3928 |
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