OM KUMAR LAMBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for the issuance of a writ in the nature of mandamus directing the respondents to grant him the pay scale of Rs. 1400-2600 granted to the post of Mechanic Refrigerator on the principle of "Equal pay for equal work" from the date he joined the Animal Husbandry Department as Mechanic Refrigerator with effect from June 25, 1987.

(2.) The petitioner has averred that he was appointed as Mechanic Refrigerator through Employment Exchange on ad hoc basis vide order date June 19, 1987 (Annexure P-1). In the appointment letter dated June 19, 1987 (Annexure P-1), the petitioner was erroneously placed in the pay scale of Rs. 1200-2040 whereas the pay scale of the post of Mechanic Refrigerator prevailing at the time was Rs. 1400-2600. The services of the petitioner were regularised vide order dated January 20, 1992 (Annexure P-2). The services of the petitioner were regularised with effect from December 31, 1990 and he was placed on probation for a period of two years. The petitioner was granted pay scale of Rs. 1200-2040.

(3.) It has been further averred that three sanctioned posts of Mechanic Refrigerator in the Department of Animal Husbandry, Haryana existed. The two other persons who were working as Mechanic Refrigerator were, namely Shri Gurdev Singh, who has since retired and Shri Kesho Ram Gupta, who has been promoted to the post of Foreman. These two persons were drawing the pay scale of Rs. 1400-2600 which is the pay scale attached to the post of Mechanic Refrigerator. In the notifications which are attached as Annexure P-3 and P-4 with the writ petition, the pay scale of the Mechanic Refrigerator was revised from Rs. 200-450 to Rs. 525-1050 and further this pay scale was revised to Rs. 1400-2600. All these three posts of Mechanic Refrigerator in the Animal Husbandry Department, Haryana carry equal responsibilities. These posts are also inter-transferable and inter-changeable. After the retirement of Shri Gurdev Singh, the petitioner was transferred to Vaccine Institute, Hisar where Shri Gurdev Singh was working as Mechanic Refrigerator. A copy of the transfer order dated June 18, 1993 is annexed with the writ petition as Annexure P/4-A.