K K UNNUNNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was initially appointed as Road Inspector on 4th April, 1975, by the Administrator, Municipality, Ambala City, in the pay scale of Rs. 90-140, and he was given six advance increments. It has been averred in the writ petition and not controverted in the written statement that at that time the qualification for the post of Road Inspector was Matriculate with five years' experience as Work Inspector/Work Mistri. It is also not disputed that the petitioner fulfilled the said qualifications at the time of his appointment. The State of Haryana framed rules known as Haryana Municipal Service (Integration, Recruitment and Conditions of Service) Rules, 1982 (hereinafter referred to as the Rules). Appendix 'A' to the said rules prescribed the scales of pay of the posts in various services (this has been attached as Annexure P.1 to the writ petition). These revised pay scales as mentioned in Appendix 'A' were to be made effective from 1st February, 1979. The pay scale, which was fixed by these rules for Road Inspectors who were previously in the grade of less than Rs. 150-350 (Personal) was Rs. 350-500 (Personal) and Rs. 480-760 (Personal) for those Road Inspectors who were previously in the grade of Rs. 150-350. The petitioner had been fixed in the pay scale of Rs. 350-500 for the reason that at the time when the Rules came into force, he was in a grade less than Rs. 150-350. The Work Inspector, which is a lower post than the Road Inspector, was given pay scale of Rs. 400-600. This was given to those Work Inspectors, who were in a grade less than Rs. 150-350. Relevant extract of Appendix 'A' is reproduced below :-

(2.) The grievance of the petitioner is that he should have been granted the pay scale of Rs. 480-760 and not Rs. 350-500. In this respect, the petitioner had made a representation in October, 1984 to the Municipal Committee (copy of which is attached as Annexure P.2). The Administrator of the Committee had recommended the case of the petitioner to the Deputy Commissioner, Ambala for onward transmission to the Government. The proposal sent by the Administrator, which has been quoted by the petitioner in the petition, is reproduced below :-

(3.) Since, no action was taken on the said recommendation, the petitioner filed the present writ petition, claiming that he should be granted the pay scale of Rs. 480-760.