PAWAN KUMAR STATISTICAL OFFICER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Pawan Kumar, who at the time of filing of the writ petition was working as a Statistical Officer in the Transport Department of the State of Haryana has filed the present petition under Article 226 of the Constitution of India for the issuance of a writ of Certiorari to quash the decision dated May 12, 1999, vide which the claim of the petitioner to grant pay parity to Statistical Officers of Transport Department with the Research Officers working in the ESA Department has been rejected. A further direction has been sought in the writ petition to grant the pay scale of Rs. 2375 -3600/ - to the petitioner with effect from May 5, 1990 and the scale of Rs. 7450 -11500/ - with effect from January 1, 1996.

(2.) CERTAIN facts may be noticed : - The petitioner states that he was appointed as Statistical Assistant in the Transport Department and was promoted as Statistical Officer with effect from October 16, 1996. It is the case of the petitioner that the Statistical Officers in the Transport Department were getting the scale of Rs. 250 -600 prior to February 1, 1969 and on the recommendation of the Pay Commission the Statistical Officers of the Economical and Statistical Organisation (hereinafter called ESA department) were granted the scale of Rs. 350 -800 with effect from February 1, 1969 and that in this manner the Statistical Officers of the Transport Department were discriminated. On the recommendation of the Transport Department, the Finance Department vide notification No. 1141 -FD (PRQ -70/8982 dated April 9, 1970, removed the anomaly and directed that the Statistical Officers of the Transport Department shall also be entitled to the scale of Rs. 350 -800 with effect from February 1, 1969 which was admissible to the Statistical Officers of the ESA Department. Subsequently, with effect from April 1, 1979, the pay scales were again revised and on the aforesaid revision on the recommendations of the Pay Commission, the Statistical Officers of the Transport Department as well as ESA department were again granted the scale of Rs. 750 -1450. However, subsequently with effect from February 1, 1981 when the pay scale of the Statistical Officers of the ESA department were revised from Rs. 750 -1450 to Rs. 800 -1600 then the Statistical Officers of the Transport Department were ignored. This anomaly was brought to the notice of the Finance Department by the Transport Commissioner recommending that the Statistical Officers of the Transport Department were also entitled to the same pay scales, which were admissible to the Statistical Officers of the ESA Department. The aforesaid recommendation of the Transport Commissioner made on June 25, 1983 is appended as Annexure P -2 to the present petition.

(3.) THE aforesaid recommendation made by the Transport Commissioner was accepted by the Finance Department and the anomaly in the case of Statistical Officers of the Transport Department was removed and the aforesaid Officers of the Transport Department were also granted the pay scale of Rs. 800 -1600 with effect from February 1, 1981. An order passed in this regard by the Financial Commissioner and Secretary to Government Haryana, Transport Department dated April 24, 1984 is appended as Annexure P -3 with the present petition.