KAMLESH RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of C.W.P. Nos. 23S4 & 4750 of 1985, 9318, 9466 and 11878 of 1989. The facts, as staled in C.W.P. No. 4750 of 1985 (as amended) may be noticed.

(2.) The nine petitioners were appointed as Craft Teachers in Tailoring Centre in the year 1978-79, in district Sonepat by the District Rural Development Agency, Sonepat, respondent No. 7. These appointments were in the pay scale of Rs. 125-5-150/5-250. On February 16,1985, the Commissioner and Secretary to Government Haryana conveyed the decision of the Govt, to transfer the Rural Craft Courses being run by the District Rural Development Agencies to the Panchayat Samitis with effect from April 1, 1985. It is further stated that the Craft Teachers shall be designated as Craft Sa-hayikas. Vide letter dated March 22, 1985, the Commissioner & Secretary to Government Haryana, inter-alia ,informed the Block Development & Panchayat Officers throughout the State that all the Craft Teachers will be offered ad hoc appointments in the Panchayat Samitis and compliance report be also sent to this office to that effect". It is averred that the petitioners were transferred from Rural Development Agencies and posted at a consolidated pay of Rs.525/- per month. It is averred that the petitioners were "confirmed employees in the D.R.D.A. and the D.R.D.A. is still in existence and has kept all its employees and they had also now started again appointing the Craft Teaching and Gram Sevikas for which the petitioners are fully qualified, so the petitioners should be transferred to D.R.DA." It is further averred that in the Development Department in Sonepat Block various persons like Ms. Santosh Kumari, etc. who have the same qualifications as the petitioners and are doing the same job are being paid their salary in the running grade of Rs.950-1400, whereas the petitioners are being paid only a consolidated pay of Rs.525/- per month. On these premises, the petitioners have prayed for the grant of the regular scale of pay as they were originally drawing as also for the protection of their pay and for the issue of a writ in the nature of mandamus

(3.) A written statement has been filed on behalf of the State Government to the amended petition. It has been inter alia averred that the petitioners were originally working under the District Rural Development Agencies which are autonomous bodies and were not Govt, employees. The Government found that the Craft Centres were not playing any useful role and huge amounts were being spent on these Centres every year. Accordingly, the State Government decided to do away with these Centres with effect from 1-4-85 vide their letter No.-----dated 6-12-1984. On this the petitioners approached the State Government to retain them in service beyond that date. The State Government told them that there is no Government job available for them and they can be adjusted in Fanchayat Samitis on ad hoc basis at a consolidated fixed pay of Rs.525/- per month on the post of Craft Sahayakas. The instructions in this regard were issued on 16.2.85 at Annexure D (it should be 'B'). Accordingly, the Block Development and Panchayat Officers as Executive Officers to Panchayat Samitis appointed them on the terms and conditions mentioned above-------". The averment that the petitioners have been transferred to Panchayat Samities has been denied. It has been categorically averred that their services were terminated by District Rural Development Agencies and they were adjusted only for the time-being till Panchayat Samitis can afford the expenses of these posts. The respondent has further pointed out that the petitioners were not confirmed employees of the Agencies. It has also been averred that even though the Agency is in existence, and has employed the staff in accordance with the requirements of the scheme, yet no Craft Teachers and Gram Sewaks have been appointed or are being appointed by the District Rural Development Agencies. With regard to the averment that Ms. Santosh Kumari etc. who are working as Craft Teachers are being paid salary in the scale of Rs.950-1400., it has been averred that they are working as Craft Teachers against regular posts and are senior to the petitioners. So far Ss the petitioners are concerned, they were "working in the District Rural Development Agencies on ad hoc basis only and they were absorbed in Panchayat Samitis afresh as Craft Sahayikas purely on adhoc basis on a fixed wages of Rs.525/- (Rs.800/- with effect from 1-1-1986). It is further stated that in such Panchayat Samitis, there exist two regular posts of Craft Teachers but the Craft Sahayikas are appointed on adhoc basis on fixed wages". The respondents have also pointed out that the regular scale meant for Craft Teachers cannot be given to Craft Sahayikas as the Panchayat Samitis cannot afford to bear the extra burden. It has also been stated that the action does not suffer from the vice of discrimination as the posts of Craft Teachers and Craft Sahayikas cannot be equated. On these premises, the action is sought to be supported by the respondents.