Administrative instructions cannot overrule statutory rules, and pay fixation cannot be revised without giving the employee an opportunity to be heard.

JUDGMENT

Ritu Bahri, J. - This order shall dispose of the above two petitions as common question of facts are involved in the above petitions wherein petitioners are seeking quashing of letter dated 09.04.2010 (P-5) and order dated 12.12.2012/02.05.2015 with further prayer for issuance of direction to the respondents to grant/restore one increment equal to 3% of the pay in the pay band. However, for facility of reference the facts are being taken from CWP No. 21241-2013.

2. Petitioner was initially appointed as Research Assistant on work charge basis w.e.f 31.03.1979 and her services were regularized on the said post w.e.f 01.01.1987. Thereafter, vide order dated 28.01.2009 (P-l), the pay of the petitioner was fixed in revised pay band of Rs.9300-34800 with 1 st ACP Grade of Rs.3300/- w.e.f 01.01.2006 and further fixed in the 2 nd ACP pay grade of Rs.3600/- w.e.f 01.01.2007. The petitioner was then promoted as Assistant Director in the pay band of Rs.9300-34800 with grade pay of Rs.5400/- w.e.f 01.02.2009, vide order dated 10.03.2009(P-2) . Vide order dated 23.04.2009 (P-3), the pay of the petitioner was re-fixed in the pay band of Rs.9300-34800 with grade pay of Rs.5400/- w.e.f 01.02.2009 at the stage of Rs.22920/- with next date of increment on 01.07.2009. The petitioner was allowed one increment on account of her promotion as Assistant Director w.e.f 01.07.2009 in addition to annual increment on the said date and her pay was raised from 22920/- to Rs.24220/- on 01.07.2009. The basis pay of the petitioner was further enhanced to Rs.24950/- due to grant of annual increment on 01.07.2010 and further enhanced to Rs.25700/- due to grant of annual increment on 01.07.2011. The petitioner retired on 30.09.2011 on attaining the age of superannuation.

3. Vide order dated 12.12.2012 (P-4), the pay of the petitioner was re-fixed in the pay band of Rs.9300-34800 with grade pay of Rs.3300/-w.e.f 01.01.2006 and benefit of one increment on account of promotion to the petitioner has been withdrawn. The pay of the petitioner was fixed at the lower stage of Rs.23880/- on 01.07.2009. Hence the present writ petition.

4. Learned counsel is relying upon Rule 13 (2) of the Haryana Civil Service (revised pay) Rules, 2008 (for short Rules, 2008) as well as Rule 4.4 of Punjab Civil Service Rules, Volume Part I. As per Rule 13 of Rules, 2008, the Government servant upon his/her promotion on the higher post is entitled for 1 increment equal to 3% of the pay in the pay band and existing grade pay and also entitled to grade pay corresponding to the promotional post from the date of his promotion. Thus, the petitioner was rightly granted the benefit of one increment in the pay band w.e.f 01.07.2009 on account of promotion as Assistant Director w.e.f 01.02.2009, as per fixation order dated 23.04.2009 (P-3).

5. Learned counsel is further relying upon letter dated 27.07.2009 (P-6) wherein it has been stated that the Government servant is entitled to the benefit of one increment equal to 3% of the pay in the pay band plus the existing grade pay in addition to the grade pay which is attached with the promotion post in case the competent authority certifies that the promotional posts carries higher responsibility and duties.

6. On the other hand, learned State counsel submits that the pay of the petitioner was refixed in the revised in the 1 st ACP scale with pay band of Rs.9300-34800+Rs.3300/-grade pay w.e.f 01.01.2006. Further the pay of the petitioner was fixed in IInd ACP scale with grade pay of Rs.3600/- w.e.f 01.01.2007, vide order dated 16.02.2009. The petitioner was also allowed one increment equal to 3% of the pay w.e.f 01.07.2009 on account of promotion as Assistant Director Research Laboratory in addition to annual increment vide office order dated 16.07.2009 (R-2).

7. Learned State counsel submits that as per letter dated 09.04.2010, the increment of promotion was to be withdrawn as per provision of Haryana Government instruction mentioned above for