IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SUNIL KUMAR GARG ...PETITIONERS VERSUS STATE OF HARYANA AND ORS.

....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Virender Kumar, Advocate for the petitioner.

Mr. Rahul Dev Singh, Addl. AG, Haryana

1. The date when the judgment is reserved 28.10.2025 2. The date when the judgment is pronounced 02.12.2025 3. The date when the judgment is uploaded 03.12.2025

4. Whether only operative part of the judgment is Full pronounced or whether the full judgment is pronounced

5. The delay, if any of the pronouncement of full Not applicable judgment and reason thereof.

SANDEEP MOUDGIL, J Prayer

1. The present writ petition filed by the petitioner seeks quashing of the orders dated 3.12.2004 (Annexure P-5), issued by Respondent No. 2, whereby the petitioner’s pay was directed to be fixed in the scale of Rs. 8000- 13500, being the correct admissible scale for his adhoc promotion as Sub Divisional Engineer (SDE).

T he Conspectus Of Facts

2. The petitioner, possessing the qualification of AMIE/Bachelor of Engineering, was initially appointed as Section Officer in the respondent-

department on 22.08.1977. The post was subsequently re-designated as Junior Engineer, and the petitioner continued to draw the revised pay scales applicable from time to time, including the scales of Rs.200-450, Rs.525-105 w.e.f. 01.04.1979, and thereafter Rs.1400-2300 w.e.f. 01.01.1986.

3. The petitioner was promoted as Sub Divisional Engineer (SDE) on adhoc basis w.e.f. 14.05.1990 in the pay scale of Rs.2200-4000. On completion of five years of regular service, he was granted the higher pay scale of Rs.3000-4500 w.e.f. 01.05.1995 in terms of the State of Haryana Notification dated 16.05.1989. Upon revision of pay scales w.e.f. 01.01.1996, the petitioner was further granted the scale of Rs.10000-13900, as admissible after completion of the requisite period of service.

4. Subsequently, respondent No.2 issued instructions stating that the higher scales of Rs.10000-13900 and Rs.12000-16500 were admissible only to directly recruited SDEs, and not to promotees. The said instructions were challenged before this Court and were set aside in CWP No.8506 of 2001 titled as “Kamlesh Kumar Bindal & others v. State of Haryana” and connected matters. Although the State preferred SLP No.17608 of 2003, the Supreme Court, vide order dated 12.09.2003, stayed only the contempt proceedings and did not stay the operation of the judgment of this Court.

5. Despite the above, respondent No.2 issued the impugned order dated 03.12.2004 directing re-fixation of the petitioner’s pay in the lower scale of Rs.8000-13500 w.e.f. 01.01.1996 and ordering recovery of the alleged excess amount paid.

6. Aggrieved thereby, the petitioner has approached this Court.

Contentions On behalf of Petitioners

7. Learned counsel for the petitioner contends that the impugned order dated 03.12.2004 is wholly arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India. It is submitted that the petitioner was rightly granted the higher pay scales of Rs.3000-4500 and subsequently Rs.10000-13900 in accordance with the State Government’s own policy dated 16.05.1989, after completion of the requisite period of regular service as Sub Divisional Engineer. The benefits were conferred strictly in terms of the applicable rules and without any misrepresentation or concealment of facts on the part of the petitioner.

8. It is further argued that the respondents sought to differentiate between direct recruits and promotees for the purpose of higher pay scales by issuing administrative instructions, which classification was struck down by this Court in CWP No.8506 of 2001 (Kamlesh Kumar Bindal & others) and in connected matters. The judgment attained finality insofar as the operative directions were never stayed by the Supreme Court. Learned counsel emphasises that the Supreme Court’s interim order dated 12.09.2003 stayed only the contempt procee