Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 188 OF 2010
(Arising out of SLP (C) No.3904 of 2008)
Ram Kumar … Appellant
Vs.
State of Haryana & Anr. … Respondents
O R D E R
Leave granted. Heard the parties.
2. 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.
3. 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.
4. 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 consequential.
3
5. 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)
New Delhi; ____________________J.
January 08, 2010. (K S Radhakrishnan)