JAI PARKASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this order, I propose to dispose of five writ petitions i.e. CWP No. 12549 of 2010, Jai Parkash vs. State of Haryana and others, CWP No. 10180 of 2011, Dhoop Singh vs. State of Haryana and others, CWP No.19440 of 2012, Abhay Singh and others vs. State of Haryana and others, CWP No. 21051 of 2010, Amar Singh and others vs. State of Haryana and others and CWP No. 24236 of 2011, Rajpal and others vs. State of Haryana and others, wherein common questions of facts 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. 12549 of 2010 titled Jai Parkash Versus State of Haryana and others.

(2.) Petitioner was appointed as Helper Carpenter on daily wages basis in December, 1995. He possessed the qualifications of matric with ITI diploma. His primary contention is that the petitioner is entitled to grant of technical pay scale of Rs. 1200-2040 w.e.f. 1.5.1990 in the light of the Haryana Government instructions dated 26.7.1991 (Annexure P-4), according to which an employee possessing the qualification as possessed by the petitioner is entitled to the said grade. His further contention is that as per the memo dated 5.7.1985 (Annexure P-1) issued by the Transport Commissioner, Haryana, the basic qualification prescribed for appointment to the post of Helper Carpenter was, perons having trained as Apprenticeship and ITI diploma holders. Petitioner fulfills that qualification and, therefore, in the light of this letter petitioner was appointed by the General Manager Haryana Roadways, Yamunanagar. Since the petitioner was required to possess the qualifications of matric with ITI for appointment to the post of Helper carpenter and he having fulfilled the said qualifications and appointed to the post of Helper Carpenter, is entitled to the revised technical pay scale of Rs. 1200-2040 as per the Haryana Government instructions dated 26.7.1991 (Annexure P-4) w.e.f. 1.5.1990. He has further supported the claim of the petitioner by placing reliance upon the judgment passed by this Court in CWP No. 9510 of 1994 titled Shamsher Singh and others vs. State of Haryana and others, decided on 22.12.2008 (Annexure A-1). Prayer is, thus, made that the writ petition be allowed and he be granted technical pay scale of Rs. 1200-2040 w.e.f. 1.5.1990.

(3.) Counsel for the respondents, on the other hand, submits that the petitioner was appointed on daily wage basis and no qualification is prescribed for appointment to the post of Helper prior to coming into force of the statutory Rules called the Haryana Transport Department, Haryana Roadways (Group-D) Service Rules, 1998, which came into effect vide notification dated 17.7.1998. Petitioner, although, may be possessing matric with ITI qualification but would not be entitled to the technical pay scale as claimed by him, in the light of the fact that there were no specific qualification prescribed for the post of Helper Carpenter, on which the petitioner was appointed. His further contention is that the memo dated 5.7.1985 (Annexure P-1) is only applicable to the appointments which were to be made to the Government Central Workshop, Haryana at Chandigarh and was not made applicable to the other establishments. No benefit, therefore, can be derived from the said memo. He accordingly, prays that the petitioner is not covered by the instructions dated 26.7.1991 (Annexure P-4) issued by the Government of Haryana, which would entitle the petitioner, to the grant of pay scale as has been claimed by him through the present writ petition. Accordingly, prayer has been made for dismissal of the writ petition.