IMPORTANT POINTS
Pay fixed for Constitutional appointees cannot be vary to his disadvantage.
Decision of a coordinate Bench cannot be overruled; it should be referred to larger Bench.

Judgment :-

K.S. Radhakrishnan, J.

Leave granted.

2. We are in this case concerned with the question whether the State Government is competent to vary the remuneration fixed to a constitutional appointee to his disadvantage, after his appointment.

3. The appellant herein was working, in the post of senior most Additional Secretary, in the Lok Sabha during the years 1991-1994 drawing a salary of Rs.7500/- per month as basic pay for the post in the pay scale of Rs.7500-7600 which was revised in the pay scale of Rs.22400-525-24500 and DA @ 32% w.e.f. 01.01.1996. According to the appellant, he had the prospect of promotion to the Secretary General, Lok Sabha, a post equivalent to Cabinet Secretary which is in the pay scale of Rs.30,000/- fixed and DA @ 32%. The age of retirement of Secretary General, Lok Sabha, when the appellant joined Haryana Public Service Commission, was 60 years, which was later increased to 62 years.

4. The appellant, while he was working as the senior most Additional Secretary in the Lok Sabha, was appointed as Chairman of the Haryana Public Service Commission (for short ‘the Haryana PSC’) by the Haryana State Government on 06.07.1994 in exercise of the powers conferred by Article 316 of the Constitution of India along with Ravinder Sharma and Ram Phal Singh as Members of the Haryana PSC. On joining duty, conditions of services of the appellant were governed by the Haryana Public Service Commission (Conditions of Service) Regulations, 1972 (for short ‘1972 Regulations’). At that time, the existing basic pay of the Chairman of the Haryana PSC as per rules was Rs.7000/- per month. The appellant then preferred a representation on 04.10.1994 requesting the Government to re-fix his pay as Rs.7500/- on 06.07.1994 and Rs.7600/- w.e.f. 01.09.1994 by relaxing the Rules.

5. The Government of Haryana examining the said request passed an order on 18.03.1996, fixing the remuneration of the Chairman, Haryana PSC as Rs.7500/- per month w.e.f. 06.07.1994 as a personal measure, in relaxation of the provisions contained in Regulation 6 of the 1972 Regulations. Noticing that the above-mentioned order was silent as to from which date the allowances, as mentioned in Regulation 6 were to be given to the appellant, the Commission wrote a letter on 20.06.1996 to the State Government to clarify as to whether the allowances were to be given w.e.f. 01.01.1986 as was given to the other State Government employees or w.e.f. 01.01.1989 when Regulation 6 was amended to include ‘allowances’ in addition to the basic pay. The State Government referring to the said letter replied on 23.06.1996 stating that DA was to be paid w.e.f. 01.01.1989 only and not w.e.f. 01.01.1986 as admissible to other State Government employees.

6. The appellant then wrote a Demi Official letter dated 24.9.1996 to the Chief Secretary, Haryana PSC stating that he was entitled to the Dearness Allowance, which he was drawing while he was Additional Secretary and if the DA was paid only w.e.f. 08.02.1989, then the same would be in pursuance to Regulation 6, which already stood relaxed in his case. It was also pointed that that when Regulation 6 was relaxed, all conditions laid down under the said Regulation also stood automatically relaxed. The Government, however, reiterated the earlier stand through their letter dated 23.10.1996. Over and above, the Government passed yet another order on 29.11.1996 withdrawing its earlier order dated 18.03.1996 whereby the appellant’s remuneration was fixed by relaxing Regulation 6 and a direction was also issued to recover the excess payment already made to the appellant. The appellant then filed a representation on 03.02.1997 to the Government of Haryana stating his grievances but the State Government passed an order on 15.04.1997 re-fixing the remuneration of the appellant in pursuance to the Regulation 6 of the 1972 Regulations as Rs.4135/- per month. The appellant subsequently made various representations but his grievances were not red