BHAL SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE claim, in this petition, is by an Assistant Turner serving in Haryana Roadways, Jind Depot at the time of presentation of the writ petition in the year 2001. The complaint is that the petitioner has been denied the pay scale of Rs. 480 -760 with effect from 1.2.1981 vide impugned order dated 12.5.2000. The first appointment of the petitioner to Government service on 15.12.1976 as an Assistant Turner was made in the pay scale of Rs. 100 -160. The pay scale of Rs. 480 -760 was given only to those employees who were in the pay scale of Rs. 120 -250 and 140 -250. The claim is based on the ground that the petitioner is a matriculate with 2 years ITI certificate in the trade and has been discharging the duties of technical nature. The petitioner actually wants that his initial scale of Rs. 100 -160 should be treated as Rs. 120 -250 and 140 -250 (unrevised). By this logic, he claims the benefit of further revision in pay scale of Rs. 1200 -2040 with effect from 1.1.1986 which is the corresponding scale to scale revision from Rs. 480 -760. He claims that such benefit should be given with consequential benefits of Assured Career Progression Scheme as notified by Haryana Government on 7.1.1988 after completion of 20 years of regular and satisfactory service as on 15.12.1986. The petitioner's entry into service was through the employment exchange. He came to be appointed vide order dated 15.10.1986 (P -2) as Assistant Turner/Assistant Tyreman in the pay scale of Rs. 100 -4 -140 -5 -160 with effect from 1.12.1986 on purely temporary basis for a period of 6 months. Their services were liable to be terminated any time without prior notice. The appointment order was issued by the General Manager, Haryana Roadways, Hisar.

(2.) IN response to the writ petition, the respondents have contested the case by filing a written statement. The defence taken is that the minimum educational qualifications laid down for the post of Assistant Turner was not matriculate with 2 years ITI certificate. If the petitioner was over qualified for appointment, then there is no provision in law, on the basis of which, the petitioner would be entitled to pay scale of posts, for which, the minimum educational qualifications laid down was matriculate with 2 years ITI certificate. The revision of pay scale for technical posts apply only where the pre -revised scale was Rs. 120 -240 and Rs. 140 -240. The petitioner having been appointed in the pay scale of Rs. 100 -160 and having accepted this position from 1976, cannot claim higher pay scale or revision to bring his pay scale at Rs. 480 -760 (unrevised).

(3.) THE petitioner specifically relies on para 3 of the Annexure to the circular which reads thus: -