(1.) HAVING common questions of law and facts, these petitions have been taken up and are being disposed of by this common order.
(2.) THE petitioners in this bunch of petitions are working on various technical post like W.P. I. W.P -II. litter etc. for the last 20 to 30 years. They were placed in different pay scales. On the basis of the recommendations of the pay commission the State of Haryana revised pay scales of its employees with effect from 1st January, 1986. The employees in pay scale of Rs. 400 600 and Rs. 400 660 were placed in pay scale of Rs. 950 - -1500 with effect from 1st January. 1986 under the Haryana Civil Services (Revised Pay) Rules. 1986. Various discrepancies were pointed out by the employees and even some Government departments. The issue was further examined and. - - - vide Finance Department Notification No. 6/23/3.P.R. (FD) -88. dated 23rd August, 1990 pay scales were further revised. Various pay scales were clubbed and new pay scale of Rs. 1200 2040 was sanctioned with effect from 1st May, 1990. The revised pay scale is as under : - <FRM>JUDGEMENT_185_ILR(P&H)1_2011.htm</FRM>
(3.) REPLY has been filed in some of the petitions. Referring to the reply filed in CWP No. 14493 of 1991 Mr. Kundu, learned Addtional A.G., Haryana has argued that in some cases the petitioners were granted revised pay scale of Rs. 1200 2040, however, subsequently in the meeting held, it was decided to withdraw the benefit as they were not entitled to the revised pay scale. It is particularly mentioned that though the writ petitioners in the said writ petition were matric with ITI, they were having ITI in different trades than the posts they are working against. For example, it is stated that the petitioner, who is working on the post of Diesel Mechanic is in fact having ITI Certificate of Motor Mechanic or even a person, who is working as Fitter is having certificate in a different trade. Similar pleas have been raised in other writ petitions. Mr. Kundu has also referred to amendment made to Rule 40 referred to above. This amendment was made on 26th July, 1991 and Rule 40 -A has been introduced after Rule 40 in Annexure A to the Government Instructions dated 23rd August, 1990. The rule reads as under : - <FRM>JUDGEMENT_185_ILR(P&H)1_20111.htm</FRM>