Vs. State of Haryana & ANR.  INSC 159 (8 January 2010)
APPELLATE JURISDICTION CIVIL APPEAL NO. 188 OF 2010 (Arising out of SLP (C)
No.3904 of 2008) Ram Kumar ... Appellant State of Haryana & Anr. ...
O R D E R
Leave granted. Heard the parties.
The appellant, who was working as Mason on daily wages from June,
1988, was regularised with effect from 7.10.1998 by order dated 29.2.2000. As
there were no vacant post of Mason Grade-II where he could be regularised, he
was accommodated in the vacant post of Washerman making it clear that until a
post of Mason Grade-II was available, his salary will be in the pay scale of
Rs.2550-3200. Feeling aggrieved, the appellant filed a writ petition before the
High Court in the year 2005 praying for a direction to grant him the benefit of
pay scale of Rs.3050-4590 applicable to the posts of Mason Grade II and
Washerman, from 7.10.1998. He also 2 claimed confirmation of his service on the
post of Mason Grade II with all consequential benefits.
The High Court by a short order dated 6.2.2007, disposed of the
petition holding that as the post of Mason Grade-II was not available, he could
not be regularised in the said post. It assumed that the appellant was claiming
only the relief in regard to regularisation in the post of Mason Grade-II. The
Review Petition filed by the appellant was dismissed on 2.11.2007.
Being aggrieved, the appellant has filed this appeal by special
leave challenging the order dated 6.2.2007 and the review order dated
2.11.2007. The appellant submitted that he had no grievance in regard to the
order of regularisation but his grievance was only in regard to pay scale
applicable and that aspect had been completely lost sight of by the High Court.
Learned counsel for the respondents on the other hand submitted that the
appellant had also prayed for a direction to respondent to confirm him on the
post of Mason Grade-II with consequential benefits and the High Court had dealt
with that aspect, assuming that the prayer relating to pay scale was
As far as the second part of the prayer, that is for confirmation
in the post of Mason Grade-II, the High Court was justified in observing that
in the absence of a vacant post of Mason Grade-II, he could not be regularised
in the said post. Insofar as the first part of the prayer, that is seeking the
benefit of pay scale of Rs.3050-4590, no material has been placed by either
side as to the pay scale that is applicable to Mason Grade-II or in regard to
Washerman. Even before this Court, the relevant material is not produced. We
find that this issue has been totally ignored by the High Court. The High Court
ought to have addressed itself to this issue also. As no material is available
before us to decide this issue, we set aside the impugned order dated 6.2.2007
insofar as the first part of the prayer and restore the writ petition to the
file of the High Court and request the High Court to decide the pay scale
applicable to the post on which the appellant was regularised and further
decide whether the appellant was entitled to any scale higher than what was
made applicable. Appeal is accordingly disposed of.
____________________J. (R V Raveendran)