Back
PUNJAB & HARYANA HIGH COURT
M.R.Agnihotri and N.K.Sodhi JJ.
Sarv Mittar Sharma, Special Secretary
Versus
Punjab And Haryana High Court Through Its Registrar
Civil Writ Petition No. 3665 of 1990,
Decided On : FEBRUARY 17, 1992
SERVICE LAW - RECALL OF ORDER - RELAXATION OF RULE - UNDUE HARDSHIP - POWER OF CHIEF JUSTICE - NATURAL JUSTICE - RECONSIDERATION OF DECISION - SERVICE JURISPRUDENCE - PUNJAB CIVIL SERVICES (REVISED PAY) RULES, 1988, RULE 12.
Fact of the Case:
Petitioner, an employee of the Punjab and Haryana High Court, was granted permission by the Chief Justice to opt for the revised pay scale with effect from 1st October 1988, under the Punjab Civil Services (Revised Pay) Rules, 1988. However, the Acting Chief Justice later recalled this order and asked the petitioner to exercise a fresh option within ten days.
Finding of the Court:
The court held that the Acting Chief Justice's decision to recall the earlier order was contrary to settled principles of law and natural justice. The court found that the petitioner had been granted relaxation of the rule under Rule 12 of the Revised Pay Rules, which was within the Chief Justice's powers, and that this relaxation could not be recalled without affording the petitioner an opportunity of being heard.
Issues: 1. Whether the Acting Chief Justice could recall the earlier order of the Chief Justice granting relaxation of the rule to the petitioner? 2. Whether the petitioner was entitled to an opportunity of being heard before the impugned order was passed?
Ratio Decidendi: 1. The court relied on the principle established in R. T. Rangachari v. Secretary of State, A. I. R. 1937 P. C. 27, which held that once a decision has been arrived at honestly and duly authorized, subsequent officials cannot purport to reconsider the matter and arrive at a different decision. 2. The court held that the petitioner was entitled to an opportunity of being heard before the impugned order was passed, as per the principles of natural justice.
Final Decision: The court allowed the petition, quashed the impugned decision of the Acting Chief Justice, and restored the original order of the Chief Justice. The court also directed that the petitioner be paid the arrears of salary, allowances, increments, etc. accruing to him on the basis of his revised pay fixation, with interest.
M.R.Agnihotri, J.
1. This case has been placed, before us on a reference made by a learned Single Judge as its hearing by a Division Bench was considered more appropriate.
2. Petitioner Sarv Mittar Sharma is serving on the establishment of this Court and is at present in the rank of Special Secretary. He has invoked the writ jurisdiction of this Court for the quashing of the impugned decision of the then Acting Chief Justice communicated to the petitioner vide Annexure P.I, on 22nd January, 1990, whereby the Acting Chief Justice has recalled the earlier order dated 24th April, 1989, passed by the then Chief Justice of this Court; thereby permitting the petitioner to opt for the revised scale of pay with effect from 1st October, 1933, under the Punjab Civil Services (Revised Pay) Rules, 1988 .
3. On 1st January, 1986, the petitioner was working as Secretary in this Court and was promoted as Special Secretary to the Chief Justice on 24th October, 1986, in the pay scale of Rs. 2000-100-2300. with special pay of Rs. 250/-. As a result of his promotion, this pay was fixed at Rs. 2100/- and on the accrual of his next increment with effect from 1st October, 1987, it was increased to Rs. 2200/- and similarly with effect from 1st October, 1988, to Rs. 2300/-. In pursuance of the recommendations of the Third Punjab Pay Commission appointed by the Punjab Government vide notification dated 3rd July, 198% the Punjab Government on 9th September, 1988, issued the Punjab Civil Services (Revised Pay) Rules, 1988. These Rules, though notified on 9th September, 1988, came into force with effect from 1st day of January, 1986. These Rules were adopted by this Court on 20th January, 1989, and as a result thereof the scale of pay of Special Secretary was revised from Rs. 2000-2300 to Rs. 3700-5000 Since this Court adopted the revised pay rules on 20th January, 1989, that is, after the expiry of the date of last increment accrued to the petitioner which was 1st October, 1988, the petitioner, in order to protect his pay alongwith the dearness allowance and ad hoc dearness allowance admissible under the rules, submitted an application to the Chief Justice on 20th March, 1989. The request made to the Chief Justice was for the exercise of his power under Rule 12 of the Revised Pay Rules of 1988, for grant of permission to the petitioner to opt for the revised pay scale of the Special Secretary with effect from 1st October, 1988, and thus to save himself of the undue hardship going to be caused to him by the operation of Rules, Rule 12 of the Revised Pay Rules is reproduced as under :
"12. Power to Relax : Where the Government is satisfied that the operation of these rules causes undue hardship to any individual Government employee, or class of government employees, it may by order, in writing, relax or dispense with any of the provisions of these rules to such extent and subject to such conditions as it may consider necessary."
After satisfying himself that the operation of Rule 5 of the Revised Pay Rules was causing undue hardship to the petitioner, the Chief Justice granted the necessary relaxation and permitted the petitioner to opt for the revised scale of pay as Special Secretary with effect from 1st October, !988. In implementation of the aforesaid order, the pay of the petitioner was fixed in the revised pay scale at Rs. 4375/-. Even though this relaxation, according to the petitioner, did not fully protect his pay and emoluments already drawn by him before revision of pay scales, yet his emoluments to the extent of Rs. 351.40 P.M. were protected. Thereafter, the petitioner continued to draw Ms revised pay scale and emoluments in pursuance to the relaxation granted by the Chief Justice in April, 1989 when suddenly on 22nd January, 1990, the petitioner was informed that the Acting Chief Justice had recalled the earlier order whereby he was permitted to opt for the revised pay scale with effect from 1st October, 1988, and was asked to exerci
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
