Punjab and Haryana High Court
CWP/7189/2021 of SHER SINGH MALIK AND OTHERS Vs STATE OF HARYANA AND OTHERS on 31 December 2025
of Petitioners 7. On behalf of Respondents 11. 3. It is not in dispute that the appellant looked after the duties of Secretary (Scouts) from the date of the order and his salary was to be drawn against the post of Secretary (Scouts) under GFR 77. Still he was not paid the said salary for the work
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SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
Contentions On behalf of Petitioners
7. SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
On behalf of Respondents
11. SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
3. It is not in dispute that the appellant looked after the duties of Secretary (Scouts) from the date of the order and his salary was to be drawn against the post of Secretary (Scouts) under GFR 77. SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
Still he was not paid the said salary for the work done by him as Secretary (Scouts). It is of course true that the appellant was not regularly promoted to the said post. It is also true as stated in the counter-affidavit of Deputy Resident Commissioner, Andaman & Nicobar Administration that the appellant was regularly posted in the pay scale of Rs 1200-2040 and he was asked to look after the duties of Secretary (Scouts) as per the order aforesaid. It is also true that had this arrangement not been done, he would have to be transferred to the interior islands where the post of PST was available, but the appellant was keen to stay in Port Blair as averred in the said counter. However, in our view, these averments in the counter will not change the real position. Fact remains that the appellant has worked on the higher post though temporarily and in an officiating capacity pursuant to the aforesaid order and his salary was to be drawn during that time against the post of Secretary (Scouts). It is also not in dispute that the salary attached to the post of Secretary (Scouts) was in the pay scale of 1640- 2900. Consequently, on the principle of quantum meruit the respondents authorities should have paid the appellant as per the emoluments available in the aforesaid higher pay scale during the time he actually worked on the said post of Secretary (Scouts) though in an officiating capacity and not as a regular promotee. This limited relief is required to be given to the appellant only on this ground. SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
. SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document
24. The petition is allowed in the aforesaid terms. SHAM SUNDER 2026.01.01 18:25 I attest to the accuracy and integrity of this document