EMPLOYEE ENTITLED TO PAY OF OFFICIATING POST HIGH COURT CHANDIGARH

If employee is appointed to officiate on a higher rank involving assumption of duties and responsibilities of greater importance than those of substantive post, then he is entitled on the salary of officiating post.

Salary benefit of Joint Secretary was not given since he worked only for 3 days.

POST IN THE HIGH GRADE:

Approval of Amended Rules never rejected till pendency of retirement Later Amendment was approved, but petitioner not reverted during the tenure and thus retrospective effect legally not sustainable.

ORDER:                

HC quashed Nov. 21, 2012 order demoting petitioner from Deputy Secretary to Under Secretary and pay all retiral benefits of Deputy Secretary @ 6% per annum.

FACTS:

1. Under-Secretary in Haryana Assembly
2. Deputy Secretary on 1, 2011. Subject to approval from State Government. Served till April 27, 2011 and completed probation.
3. Officiating Joint Secretary from Apr. 4, 2011 to Apr. 30, 2011 for 3 days before super annuation.
4. After Retirement.
   1. July 8, 2011 – Revert from officiating Joint Secretary to Deputy Secretary.
   2. 21, 2012 – Deputy Secretary to Under Secretary.
5. Amended Service Rules came into force on Aug. 27, 2012 whether Retrospective or Prospective in Question?

COURT VIEW:

Petitioner promoted on post of Deputy Secretary was against vacant post subject to Approval of amended Rules.

Courts are inclined to intervene and give justice when the service rules are being compromised, used arbitrary and in violation of principles of natural justice. In Tricity, one can approach to CAT Tribunal Chandigarh for Central Government Employees, Armed Forces Tribunal for Forces, and Punjab Education Tribunal for college teachers for any kind of service matter dispute. Rest for Haryana Government Employees, it is Punjab and Haryana High Court. One may seek advice of best service lawyer advocate in Chandigarh Panchkula Mohali for his case.

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