Punjab-Haryana High Court
Bhim Singh vs State Of Haryana And Ors on 9 September, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:119273
CWP-7992-2017 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP-7992-2017 (O&M)
Date of Decision:09.09.2024
Bhim Singh
......Petitioner
Versus
State of Haryana and others
......Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. Abhilaksh Grover, Advocate for the petitioner.
Mr. Kapil Bansal, DAG, Haryana.
Mr. Raman B. Garg, Advocate for respondent No.3.
*****
JASGURPREET SINGH PURI J.(Oral)
1. The present petition has been filed under Article 226 of the
Constitution of India seeking issuance of an appropriate writ for directing the
respondents to grant 6th Pay Commission pay scales to the petitioner with
effect from the date the said pay scales were made applicable to Haryana
Government Employees i.e.01.01.2006.
2. Learned counsel appearing on behalf of the petitioner, submitted
that the petitioner was an employee of respondent No.3-Society and he has not
been granted the benefit of 6th Pay Commission. In this regard, he referred to
Annexure P-6 wherein respondent-Society passed a resolution on 17.06.2009
in which it was so decided that the benefit of 6th Pay Commission Scales will
be given to the employees w.e.f. 01.06.2009 and the arrears which the
Haryana Government has sanctioned w.e.f. 01.01.2006 cannot be given at this
stage and further more if the financial position improves in future then the
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Neutral Citation No:=2024:PHHC:119273
matter will be re-considered. He submitted that thereafter in the year 2014,
the Registrar Cooperative Societies, Haryana, Panchkula, vide Annexure P-7
had issued a letter to all the officers of Cooperative Societies in Haryana
State, by stating that the Regular Employees of Cooperative Societies in
Haryana State are granted 6th Pay Commission Scales with the approval of the
Registrar and it was further provided that the Cooperative Societies which are
showing a profit for the last three years continuously shall be given 6th Pay
Commission Scales provided the society bears the additional expenditure and
the new pay-scales will be effective from 01.01.2009.
3. Learned counsel for the petitioner has referred to a Division Bench
judgment of this Court in LPA No.1360 of 2009 titled as Ambala Central
Cooperative Bank Employees Association (Regd.) versus State of Haryana
and others decided on 22.03.2012 to contend that the financial deficiency
itself would not become a ground for the denial of the arrears. He further
submitted that at the most as per the aforesaid Division Bench judgment, the
interest is not to be granted but no such distinction can be made with regard to
the effectiveness of the date of grant of the 6th Pay Commission because it has
to be made effective w.e.f. 01.01.2006. He further submitted that even
respondent No.3-Society has already mentioned in Annexure P-6 that in case
the financial position of the respondent-Society improves, then the matter will
be reconsidered but there is nothing on record to show as to whether financial
position of respondent-Society has improved or not but in any case the
Registrar Cooperative Societies, Haryana, was required to take an action in the
light of the aforesaid Division Bench judgment of this Court in Ambala
Central Cooperative Bank Employees Association's case (supra).
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Neutral Citation No:=2024:PHHC:119273
4. Learned counsel appearing on behalf of respondent No.3-Society
stated that respondent No.3-Society has no say in granting of the revised pay
scale despite the fact that the resolution (Annexure P-6) was passed by them.
He submitted that in pursuance of Section 37 of the Haryana Cooperative
Societies Act, 1984, the Registrar Cooperative Societies, Haryana, has the
power to take decision with regard to grant of revised pay-scale and from
which date the same is to be granted and in this way the entire decision vests
with the State of Haryana in the office of Registrar Cooperative Societies and
not with the Society.
5. On the other hand, Mr. Kapil Bansal, DAG, Haryana, submitted that
in view of the submissions made by learned counsel for the petitioner and
learned counsel for respondent No.3-society, the Registrar Cooperative
Societies, Haryana, is to take a final decision and pass an appropriate order in
the light of the aforesaid Division Bench judgment which has been cited by
learned counsel for the petitioner.
6. After hearing learned counsel for the parties, the present petition is
disposed of with a direction to Registrar Cooperative Societies, Haryana, to
consider the aforesaid claim of the petitioner for the grant of benefit of 6th Pay
Commission w.e.f. 01.01.2006 especially in the light of aforesaid Division
Bench judgment of this Court, within a period of four months from today.
(JASGURPREET SINGH PURI)
JUDGE
09.09.2024
shweta
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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