IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH.

229 CWP-9835-2023 (O&M).

Date of Decision: 07.07.2025.

OM PARKASH GODARA ... Petitioner(s)

Versus THE STATE OF HARYANA AND ANOTHER ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present: Mr. Vivek Singla, Advocate, for the petitioner.

Mr. Rahul Dev, Addl. A.G. Haryana.

VINOD S. BHARDWAJ, J. (ORAL)

Seeking setting aside of the order dated 13.12.2022 (Annexure P-11) declining the request for release of selection grade and further praying for a direction to the respondents to grant the selection grade of Rs.1000-325-

1390 with effect from 17.12.1999, the instant writ petition has been filed.

2 Learned counsel appearing on behalf of the petitioner contends that the petitioner was working as a Naib Tehsildar since 1982 and he eventually superannuated on 31.10.2016 from the post of District Revenue Officer, Jhajjar. He submits that the State Government revised the pay scales of Haryana Government employees under the Haryana Civil Services (Revised Pay) Rules, 1998, whereunder the selection grade of Rs.10000–13900 was provided for the cadre of Tehsildars to the extent of 20% of the sanctioned posts. It is submitted that a charge sheet dated 03.11.1995 was served upon the petitioner, which culminated in imposition of punishment of the stoppage of one increment without cumulative effect. The said punishment, being minor in nature, did not debar the petitioner from consideration for the grant of selection grade. It is further submitted that another charge sheet was served upon the petitioner under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 on 28.10.1998, which was eventually filed by the respondent authorities after due consideration since charges were not proved.

3 Counsel further contends that the Government of Haryana issued instructions dated 12.03.1981 prescribing the procedure to be followed in cases where the turn of an official, whose conduct is the subject matter of inquiry, comes for promotion to a higher post. The relevant extract thereof reads thus: -

“Subject:- Procedure to be followed in cases where the turn of an official whose conduct is the subject of inquiry comes for promotion to higher post.

Sir, I am directed to invite a reference to Haryana Government circular letter No. 6034-2GSI-71/32498, dated 18- 11-71 on the subject noted above and to state that the question of grant of selection grade to a Government servant against whom disciplinary action is under contemplation/pending or where representation against adverse remarks in the Confidential Report is pending has been under consideration of the Government for some time past. After careful consideration it has been decided that in the aforesaid circumstances the question of grant of selection grade to such a Government servant should be deferred till a final decision has been arrived at in the matter of disciplinary proceedings or on the representation made against adverse remarks in the Confidential Report, While deferring the case, a post of selection grade should be reserved for such a Government servant. The case should however, be reconsidered for grant of selection grade on the finalisation of the disciplinary proceedings or a decision on the representation against adverse remarks in the Confidential Report. If the Government servant concerned is ultimately exonerated of the charges or the adverse remarks in the Confidential Report are expunged or toned down to such an extent as do not stand in the way of his promotion, then he should be considered for grant of selection grade on me basis of record with retrospective effect i.e. from the date on which he was due for selection grade.

2. It is requested that the above instructions may be brought to the notice of all concerned for strict compliance. The receipt of this communication may please be acknowledged.”

(emphasis supplied)

4 Referring to the above, learned counsel for the petitioner contends that the petitioner was even