High Court of Punjab and Haryana, Chandigarh
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Surender Singh Mann v. State of Haryana & Ors - CWP-10057-1999  RD-P&H 2096 (28 March 2006)
In the High Court of Punjab and Haryana, Chandigarh.
CWP No. 10057 of 1999
Date of decision: 20.3.2006
Surender Singh Mann
State of Haryana and others
Coram:- Hon'ble Mr.Justice J.S. Khehar.
Hon'ble Mr. Justice S.N. Aggarwal
Present: Mr. Rajbir Shehrawat, Advocate
for the petitioner.
Mr. Harish Rathee, Sr. DAG, Haryana
for the respondents.
J.S. Khehar, J. (Oral).
The claim of the petitioner is based on the instruction dated 13.8.1998 which was subsequently clarified by an instruction dated 8.6.1999. In fact, the terms "on a post in a pay scale lower than that of the deceased employee" has been interpreted by the Apex Court in State of Haryana Vs. Rajiv Deswal (Special Leave to Appeal (Civil) No.778 of 1999). The relevant extract of the order passed in the aforesaid case by the Apex Court is being reproduced hereunder:- "We have heard learned counsel for the parties. The High CWP No. 10057 of 1999 Page numbers
Court has interpreted the clause which reads as under:- "Further, the compassionate employment being offered shall be at least one step lower than that of the deceased employee except in cases where the deceased employee was working at the lowest level in the government." According to the High Court, this clause means that an applicant has a right to be considered for appointment to a post which is only one step below the one which was held by the deceased employee.
In our opinion, the interpretation of the said clause by the High Court is erroneous. This clause means that the offer of appointment to the deceased employee's dependent is not to be on a post equivalent to the one which was held by the deceased employee but should be on a lower post by at least one step. Therefore, in the present case when the deceased employee was Deputy Superintendent of Police, the offering of the post of A.S.I. was not incorrect. However, as the High Court has found that four posts of Inspectors were lying vacant to which the respondent could have been appointed we do not wish to interfere in this case. Special leave petition is disposed of in the aforesaid terms."
In view of the decision rendered by the Apex Court in Rajiv Deswal's case (supra), it is not possible for us to accept the prayer made by the petitioner, namely, that he must essentially be accommodated against a post which is in a pay scale one step lower than the pay scale at which his father was CWP No. 10057 of 1999 Page numbers
engaged at the time he died in harness.
( J.S. Khehar )
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