LAWS(P&H)-2012-9-135

JAI PAL Vs. STATE OF HARYANA AND OTHERS

Decided On September 12, 2012
JAI PAL Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) By this order, I propose to dispose of three writ petitions i.e. CWP No. 19547 of 2011 titled as Jai Pal vs. State of Haryana and others, CWP No. 11452 of 2011 titled as Rajpal and another vs. State of Haryana and others and CWP No. 3355 of 2012 titled as Ram Phal and others vs. State of Haryana and others, wherein common questions of fact and law are involved and the cases have been taken up for hearing with the consent of the counsel for the parties for disposal together. Facts are being taken primarily from CWP No. 19547 of 2011 titled as Jai Pal vs. State of Haryana and others.

(2.) Petitioner has approached this Court for issuance of a writ of mandamus directing the respondents to step up his pay at par with his junior Suresh Chander-respondent No. 4 by allowing the pay scale of Rs. 1200-2040 w.e.f. 01.05.1990 as the same pay scale has been allowed to his juniors having qualification of Matric and ITI diploma, whereas the same has been denied to him only on the ground that he does not possess the ITI qualification.

(3.) Petitioner was appointed as Store-Man on 04.11.1986. He possessed qualification of Matriculation. At the time of appointment, there was no qualification prescribed for the said post nor was any statutory Rule governing the service. Respondent No. 4 was appointed as a Store-Man on 09.02.1989. He possessed the qualifications of Matric and ITI diploma in Motor Mechanic Trade. Petitioner was promoted as an Assistant Store Keeper on 21.02.2002 under the statutory Rules which came into effect in the year 1995 and thereafter, as Store Keeper w.e.f. 21.07.2006 and since then, he is discharging his duties to the entire satisfaction of his superiors. At the time of appointment of the petitioner and respondent No. 4 as Store-Man, there were no statutory Rules governing the service.