AMAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are working as Electricians in the Public Works Department, B & R Branch in the State of Haryana. They possess the qualification of Matric. With two years' certificate from the Industrial Training Institution. They claim the scale of Rs. 480-760 with effect from February 1,1981 which was later on revised to Rs. 1200-2040 with effect from January 1, 1986. It is averred that in all Departments of the Govt., the aforesaid scales have been granted to persons possessing the qualification of Matric, with two years' certificate from the I.T.I&. It is averred that the action in denying the requisite reliefs to the petitioners in spite of various representations is violative of the provisions of Articles 14 and 16 of the Constitution of India and the principle of equal pay for equal work.

(2.) A written statement on behalf of the State of Haryana has been filed only by an Executive Engineer. In paragraph 3, it has been averred that "the pay scale as mentioned by the petitioners relates to the common category posts at Sr. No. 3. For the Tech. post in PWD B & R Br. Deptt. separate scale, were given. Hence there is no relevancy of these scale with the scale in the PWD B & R Deptt." It has been further averred that the petitioners were kept in the scale of Rs. 400-600 which was later on revised to Rs. 950-1400. It has been further mentioned that vide letter dated August 23,1990 the pay scale of the petitioners has been revised to Rs. 1200-2040 with effect from May 1,1990.

(3.) A perusal of the pleadings show that a specific averment has been made on behalf of the petitioners that in all departments, persons possessing die qualification of Matric, with two years' certificate of I.T.I s, and working on technical posts like the petitioners, have been placed in the scale of Rs. 480-760 widi effect from February 1, 1981 and in the pay scale of Rs. 1200-2040 with effect from January 1, 1986. It also appears that in the case of an Electrician from the Department of Transport, the Govt, had conceded the claim before this Court in C.W.P. No. 186 of 1987. The written statement is singularly silent about the reasons which may have prevented the respondents from according a similar treatment to the petitioners. In the absence of these reasons the claim of the petitioners deserves to be upheld. Furthermore, the fact that the Govt, itself has granted the scale of Rs. 1200-2040 to the category of employees like the petitioners with effect from May 1,1990, shows that there is no basis for treating them differently. Once the pay scale has been granted with effect from May 1,1990, there appears to be no reason ior not granting them the scale which has been granted to others similarly situate on earlier occasions.