SURINDER KUMAR GOYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Surinder Kumar Goyal, Junior Engineer, was earlier working in Improvement Trust, Hansi. In the year 1997, he has filed the present Civil Writ Petition under Articles 226/227 of the Constitution of India against the State of Haryana and others and made a prayer that directions be issued to the respondents to grant him the benefit of the revised scales at par with the Junior Engineer of the P.W.D. R&R Branch from 1979 onwards as per Rule 11 -A of the Rules.

(2.) THE case set up by the petitioner is that he was appointed as an Overseer (now designated as Junior Engineer) by Improvement Trust, Yamunanagar in the scale of Rs. 100 -300. On 16.6.1970, the Government of Haryana issued general instructions to all the Chairmen of the Improvement Trusts in the State of Haryana that it has no objection to the grant of revised scales of pay to the employees of Improvement Trusts as sanctioned by the State Government. On 28.6.1991 the Improvement Trusts in the State of Haryana were dissolved and the services of the petitioner were utilised in local Municipal Committee Yamunanagar for the completion of Trust scheme. In the month of February, 1980, the statutory Rules were framed by the Government for the revision of the grades for its employee which came into force with effect from 1.4.1979. On 1.4.1985, the revised grades of the Government were sanctioned for the employees of the Improvement Trust but with effect from 1.4.1985 instead of 1.4.1979. A writ was filed in the High Court i.e. C. W.P. No. 5967 of 1986 and the same was allowed on 8.12.1987 and it was directed by the High Court that the benefits of revised pay scales be given to the Improvement Trust employees with effect from 1.4.1979 instead of 1.4.1985. In pursuance of the directions dated 8.12.1987, the Haryana Government issued general instructions for the release of revised pay scales to the Improvement Trusts employees with effect from 1.4.1979. The grouse of the petitioner is that the Government of Haryana issued orders revising the scales of the Junior Engineers of P.W.D. B&R Branch to Rs. 600 -1100 and to Rs. 700 -1250, applicable with effect from 1.2.1981 and 1.7.1985, respectively and that it further revised the scales with effect from 1.1.1986 i.e. 1400 -2300 and 1640 -2900 promotional scale for 50% posts but the petitioner was deprived of the benefit of this promotional scale also. Still, further, on 27.1.1992 the Haryana Government further revised the pay scales of Junior Engineers working in the Government Departments with effect from 1.1.1992 and the revised grades were framed as follows : -

(3.) NOTICE of the writ petition was given to the respondents. A separate written statement was filed on behalf of the respondents. It was pleaded by respondent No. 1 that the claim of the petitioner for the grant of revised pay scale with effect from 1.4.1979, 1.2.1981, 1.7.1985, 1.1.1986 and 1.1.1992, is highly belated and the writ petition is liable to be dismissed on the ground of delay and laches.