RAM SWAROOP AND OTHERS Vs. THE STATE OF HARYANA, THROUGH THE COMMISSIONER & SECRETARY TO GOVERNMENT, HARYANA, TRANSPORT DEPARTMENT, CHANDIGARH, AND OTHERS

JUDGEMENT

(1.) THE point covered in these batch of writ petitions, it is reported that, has been dealt with by a Bench of this Court in Ramesh Chand and others V. State of Haryana and another in CWP No. 1188 of 1992, decided on 08.03.2010.

(2.) THE issue in these cases is the entitlement of higher scales on the basis that the persons, who had ITI certification and who were holding technical posts, were entitled to higher scale, while the contention by the Transport Department was that there were no specific rules that admitted of higher scales for technical posts. In the aforesaid judgment in Ramesh Chand, this Court was considering a similar contention taken on behalf of the State and it held that the conditions of service were notified by various circulars issued by the Transport Commissioner from time to time and the workshop staff of the Haryana Roadways comprised three levels of employees i.e. unskilled, semi -skilled and skilled. The Court has dealt with some of the instructions issued from time to time by the General Manager of the Haryana Roadways, who had prescribed the qualification of metric and ITI as the minimum qualification for such technical posts. This Court has allowed the writ petition and provided to the petitioners that they are entitled to higher scales treating the post as technical post. The petitioners will have a similar consideration and all the writ petitions are allowed in terms of the view taken by this Court already in Ramesh Chand (supra). The petitioners will be entitled to a scale of Rs.480 -760 with effect from 01.02.1981 and the arrears shall be calculated within a period of 12 weeks from the date of receipt of copy of this order and paid to them.