Employees discharging duties of a higher post are entitled to the salary of that post, while promotion eligibility is determined by the employer's discretion in framing service rules.

JUDGMENT

Harsimran Singh Sethi, J. (Oral)

In the present petition, the grievance of the petitioners is that while framing the Haryana Transport Department (Group-B) Service Rules 1992, the petitioners who are/were working on the post of Junior Auditors and Accountants, were not made eligible to the post of Superintendent, which was arbitrary in nature. The challenge is to the said Rule on the ground that the post of Junior Auditors and Accountants should also be included in the feeder cadre for promotion to the post of Superintendent.

2. The further grievance being raised by the petitioners is that though they are posted as Assistant Accountants or Statistical Assistants but they have been given the current duty charge of the post of Superintendent and were actually discharging the duties of the said post hence, the respondents are under obligation to grant the petitioners the benefit of pay of the post of Superintendent for the period, the petitioners had discharged the duty on the said post of Superintendent.

3. In reply to the writ petition, the State has mentioned that though, as per the 1992 Rules, post of Junior Auditors and Accountants were not mentioned in the feeder category for promotion to the post of Superintendent but as representations were received, the same were forwarded with comments that the 1992 Rules be amended accordingly and the State in its wisdom, though amended the Rules, but the same were made applicable prospectively hence, the petitioners were not eligible at a particular given point of time while in service for promotion to the post of Superintendent, and the petitioners had already retired by the time the 1992 Rules were amended so as to include the post of Junior Auditors and Accountants in the feeder cadre for promotion to the post of Superintendent.

4. Learned State counsel further submits that as the petitioners have already discharged the duties of Superintendent on the current charge basis, they are not entitled for the salary for the said post.

5. I have heard counsel for the parties and have gone through the record with their able assistance.

6. The framing of the Rules and the description of the posts to be included in the feeder cadre for promotion is within the domain of the employer and the Court will have no jurisdiction to interfere so as to impose its opinion as to whether or not, a particular category should have been a part of the feeder cadre for promotion to the post of Superintendent. Though, the respondent/State forwarded the claim of the petitioners for including the post of Junior Auditors and Accountants in the feeder cadre for promotion to the post of Superintendent, but, State in its widsom even while amending the 1992 Rules, gave prospective effect only to the amended Rules. The said amendment is not under challenge in the present petition. Hence, keeping in view the facts and circumstances of the present case as, the prescription of posts to be included in the the feeder cadre for further promotion is within the domain of the State, and at the relevant point of time, the petitioners could not have been granted promotion to the post of Superintendent being working on the post not included in the feeder category, hence no order can be passed by this Cout by ficitionally treating the petitioners in the feeder cadre for promotion to the post of Superintendent.

7. With regard to the claim of the petitioners for grant of salary for the period they had discharged the duties of the post of Superintendent on the current charge basis, the same has merit. Once the respondent directed the petitioners to discharge the duties of the post of Superintendent, which they discharged, the respondents are under obligation to grant them the salary for the post of which they discharged the duties. As per the settled principle of law, the employees are entitled for the perks of the post of which, they have been asked to discharge the duties and upon direction, the duties of a particular post h