Case Note & Summary
The dispute arose from the appellant's claim regarding his appointment as Deputy Director (Feed and Fodder) in the Haryana Veterinary Service Class I. The appellant was initially appointed on an ad hoc basis in 1983 and later selected by the Haryana Public Service Commission in 1987. He contended that he was entitled to the pay scale of Rs. 1400-2100, which was revised in 1981, and later to Rs. 3000-4500, which was revised in 1988. However, the State of Haryana argued that the post was an ex-cadre post and not part of the regular cadre, thus the appellant could not claim the higher pay scale or seniority over other officers who were appointed to cadre posts. The High Court dismissed the appellant's writ petition, affirming that the post was indeed an ex-cadre post based on the appointment letter and the absence of the post in the statutory rules. The Supreme Court upheld the High Court's decision, concluding that the appellant was not entitled to the higher pay scale or seniority as he was not appointed to a cadre post. The court emphasized that the classification of posts and the determination of pay scales were within the government's discretion, and the appellant's acceptance of the lower pay scale at the time of appointment precluded his claims. The appeal was dismissed, affirming the High Court's ruling.
Headnote
A) Service Law - Appointment Classification - Ex-Cadre vs. Cadre Post - Haryana Veterinary Service Class I - The court held that the post of Deputy Director (Feed and Fodder) was an ex-cadre post with a lower pay scale, thus the appellant was not entitled to the higher scale of pay associated with cadre posts. The classification was supported by the absence of the post in the statutory rules and the appointment letter indicating a lower pay scale (Paras 1-6). B) Service Law - Seniority - Inter Se Seniority - Haryana Veterinary Service Class I - The court concluded that since respondents Nos. 2 and 3 were appointed to cadre posts with a higher pay scale, they were senior to the appellant, who held an ex-cadre post. The bifurcation of veterinary and non-veterinary services further clarified the seniority issue (Paras 6-6).
Issue of Consideration
Whether the appellant was appointed to a post in Haryana Veterinary Service Class I and entitled to the corresponding pay scale and seniority.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's conclusion that the post of Deputy Director (Feed and Fodder) was an ex-cadre post and the appellant was not entitled to the higher pay scale or seniority associated with cadre posts.
Law Points
- Ex-cadre post classification
- Seniority determination
- Pay scale entitlement
- Recruitment rules interpretation
