RAM AVTAR Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) RAM Avtar petitioner seeks a direction for higher pay scale on the basis of instructions dated 8.2.1994 or the pay scale equivalent granted to the juniors who were similarly situated.

(2.) THE facts alleged are that the petitioner was appointed as a Helper on daily wage basis on 10.7.1976. He was to be paid at the rates fixed by the Deputy Commissioner. On 28.8.1976 he was appointed as a helper on regular basis. He was appointed as Assistant Fitter vide order dated 22.4.1980 in the pay scale of Rs. 400 -600. The said pay scale was revised to Rs. 1200 -2040 with effect from 1.1.1986. It is further asserted that the petitioner passed the matriculation examination in March 1973 from the Board of School Education, Haryana, and thereafter also passed I.T.I, examination in the Trade of Diesel Mechanic from the Ministry of Labour, National Council for Training in Vocational Trade.

(3.) IN the written statement filed on behalf of the respondents by the General Manager, Haryana Roadways, Charkhi Dadri, the petition as such has been contested. The respondents pleaded that pay scale of Rs. 480 -760 was given to the Technical posts in various departments for which the minimum qualification prescribed was Matric with two years I.T.I. Certificate w.e.f. 1.2.1981. The petitioner was promoted as Assistant Fitter on 22.4.1980, Me was not entitled to the said scale. Sh. Mansa Ram, who the petitioner claims has been granted the same pay scale, was stated to have been appointed to the post of Fitter. The qualifications are Matric with I.T.I. Certificate and, therefore, he was granted the pay scale of the Technical post. The respondents claimed that Mansa Ram, in any case, is senior to the petitioner.