UMA SHANKAR Vs. HARYANA URBAN DEVELOPMENT

JUDGEMENT

(1.) The suit for declaration filed by the plaintiff that he was entitled to pay scale of Rs. 4000-6000 w.e.f. the date of passing of the ITI examination and permanent injunction restraining the defendants from reducing his existing pay scale of Rs. 3050-4590 to the pay scale of Rs. 2550-3200/- and also from effecting any recovery as a consequence of reduction of pay scale, was dismissed on 21.7.2010 by the trial court and the appeal against the said judgment was also dismissed by the Additional District Judge, Gurgaon on 25.9.2010. Hence this regular second appeal. The plaintiff was working as Fitter Helper under the administrative control of the defendants in HUDA Sub Division No. 6, Gurgaon. He was appointed on daily wages basis on 1.1.1993 and came on regular cadre w.e.f. 19.3.1997. Initially he was matriculate with ITI in Fitter Trade. He was granted pay scale of Rs. 3050-75-3950-80-4590 by the defendants in view of the educational qualification w.e.f. January, 2001 and his pay was fixed at Rs. 3350/- w.e.f. 1.2.2005 after granting him annual grade increment of Rs. 75/-. The Haryana Government vide notification No. FD-6/23/3 (FD)-83 dated 23.8.1990, granted the pay scales to the technical posts like one held by the plaintiff. It was further claimed that as the plaintiff was matriculate with ITI, therefore, he was entitled to the pay scale of Rs. 1200-2040/- which was later on revised to Rs. 4000-100-4800-100-6000. The employees who had been granted pay scale of Rs. 950-1400 were granted pay scale of Rs. 3050-4590 on account of the revision of pay scales of employees w.e.f. 1.1.1996. Though the Chief Engineer/HUDA, Panchkula had issued instructions vide letter No. 3831 dated 21.7.2000, to take necessary action on the instructions of the Government dated 23.8.1990 and the defendant No. 4 also endorsed the instructions to subordinate offices on 26.7.2000, but the plaintiff was not granted the revised pay scale w.e.f. 1.1.1996 in the pay scale of Rs. 4000-6000 and w.e.f. 19.3.1997 in the regular capacity. He was given the scale of Rs. 3050-4590 w.e.f. January, 2001, whereas, he was entitled to the pay scale of Rs. 4000-6000 w.e.f. 19.3.1997. Thus, he claimed the revised pay scale of Rs. 4000-6000 with consequential benefits by way of present suit and challenged the reduction of his salary by reducing his pay scale of Rs. 3050-4590.

(2.) Upon notice, the defendants appeared and filed written statement, wherein, besides taking preliminary objections, they inter alia pleaded that the plaintiff was wrongly granted pay scale of Rs. 3050-4590 which he was not entitled as the required qualification for the post of Helper was not metric with ITI or ITI without insistence of matriculation. He having no requisite qualification, was not entitled to the pay scale of Rs. 3050-4590. It is also relevant to mention here that the post the plaintiff was not a technical post whereas he was given technical scale. The minimum qualification prescribed for the said post was metric with ITI certificate. The instructions issued vide notification No. FD-16/23/3 (FD)-83 dated 23.8.1990, were not applicable to him, as such he was not entitled to pay scale of Rs. 3050-4590 w.e.f. 1.1.1996. Consequently, he was also not entitled to the pay scale of Rs. 4000-6000.

(3.) Both the parties led evidence. The plaintiff lost his claim before both the courts below.