TARSEM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners, who were appointed as General Duty Constables (Electrician) are claiming technical pay scale in the light of the fact that the post of Electrician held by them has been declared a technical post. Counsel for the petitioners contends that an advertisement was issued on 13.11.2001 whereby, apart from appointing General Duty Constables, Technical Constables for various posts were to be appointed which included Constables (Electrician). Petitioners have passed their 1 Of 2 Vocational Education Course from Haryana Education Board, Bhiwani. The qualification for the post of General Duty Constables was Matric whereas for the post of Technical Constables was Matric with diploma in the respective field from I.T.I. Claim of the petitioners for the grant of technical pay scale has been declined merely on the ground that the petitioners do not possess diploma from I.T.I. The contention of the counsel for the petitioners is that vide communication dated 15.05.2008 (Annexure P-17), the competent authority i.e. the Financial Commissioner and Principal Secretary, Haryana Government, Industrial Training and Vocational Education Department, has declared the Vocational Education Scheme in Vocational Education Institute including Electrician as equivalent to trades of Industrial Training Institute because the syllabus of I.T.I. is similar to the syllabus of Vocational Educational Institute. On the basis of this document, counsel contends that the petitioners fulfil the requirement of the respondents and the stand of the respondents declining the benefit of the technical pay scale to the petitioners is not sustainable.

(2.) On the other hand, counsel for the respondents submits that the requirement, as per the advertisement itself, was that the candidates should have possessed diploma in I.T.I. with two years experience which the petitioners do not possess as they had only passed 10+2 with Vocational Course which is not as per the prescribed advertisement and, therefore, cannot be granted the pay scale as claimed by them. However, he could not dispute the fact that for the appointment to the post of General Duty Constables, the requirement is only Matric whereas for the Technical Constables, it is Matric plus diploma in the respective field from I.T.I. Counsel for the respondents has further contended that the petitioners have been appointed as General Duty Constables and, therefore, on this basis also, they are not entitled to the said claim. Further, there is no separate cadre of Technical Constables and they all are included in the general cadre disentitling them to the claim as has been made in the present writ petition.

(3.) I have heard the counsel for the parties and have gone through the records of the case.