JAGROOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whether the anomaly in pay scales of certain set of employees takes effect from the dale of decision or it relates back to the revision of pay scales when the anomaly came into the notice of the State Government is the short question involved in this writ petition.

(2.) The petitioner was initially appointed as Water Pump Operator w.e.f. 21.10.1985 on work charge basis by order, Annexure P-i. He was a Matriculate with 1TI 2 years diploma in motor mechanic which he passed in the year 1988. The Haryana Government revised the pay scales of its employees w.e.f. 1.1.1986 and the cadre of the petitioner was put in the pay scale of Rs. 950-1500. However, subsequently the scale of technical posts which were carrying minimum educational qualification as Matriculate and diploma in ITI or ITI certificate/polytechnic was further revised in the payscaleofRs. 1,200-2,040 w.e.f. 1.5.1990 by notification dated 16.7.1991, Annexure P-4. The petitioner was granted the said pay scale w.e.f. 1.5,1990. The grievance of the petitioner is that the pay scale of Rs. 1200-2040 is required to take effect from 1.1.1986 when the revised pay scales of the employees were given effect to and not to a subsequent date i.e.. 1.5.1990 when the State Govt. granted the pay scale to some technical posts. The contention of the petitioner is that the revision in pay scales subsequently has to re-late back to 1.1.1986 as the revised pay scales w.e.f. 1.1.1986 pertains to the pay scale of Rs. 950-1500 granted to the petitioner w.e.f. 1.1.1986 when the Govt. had revised the pay scales. It is claimed that the petitioner's class cannot be treated differently in the matter of revision of pay scales and the action of the respondents is totally misuse of executive powers, arbitrary and violative of Article 14 of the Constitution.

(3.) In the written statement the claim of the petitioner has been contested. It is conceded that the petitioner was initially appointed as Water Pump Operator and his services were regularised w.e.f. 1.4.1993. It is also conceded that the petitioner is matriculate with two years ITI diploma. It is further contended that pay scales of only some technical posts were revised and were modified vide order dated 16.7.1991 and the same were to take effect from 1.5.1990 and the petitioner has been granted that benefit.