MAHABIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner a Craftsman (Carpenter) in the Department of Health, claims that the action of the respondents in denying the pay scale of Rs. 1,200-2040 to him is violative of Articles 14 & 16 of the Constitution of India. A few facts may be noticed.

(2.) The petitioner was appointed as a Craftsman on June 24, 1986 in the pay scale of Rs. 350-500. On the recommendation of the Pay Commission, this scale was raised to Rs. 775-1025 with effect from January 1, 1986. As a result, the petitioner's pay was fixed in the revision scale of Rs. 775-1025. In August 1990, the Government further revised the scale of pay. The persons working in the pay scale of Rs. 775-1025 along with various other categories of employees were placed in the scale of Rs. 1200-2040 subject to the condition that they possessed the minimum qualification of Matric with I.T.I./Polytechnic certificate. The petitioner did not possess the qualification of Matric. Consequently, he was not placed in the scale of Rs. 1200-2040. He represented. No relief was granted to him. Aggrieved by the action of the respondents in not granting the scale of Rs. 1200-2040, the petitioner has approached this court through the present writ petition. He avers that in the case of technical posts academic qualifications are of no relevance and as such the respondents cannot treat him differently from others holding similar posts only on the basis of academic qualifications. The petitioner further avers that his conditions of service are governed by the provisions of the Haryana Health Directorate, Technical and Miscellaneous (Group-'C') Service Rules, 1989 (hereinafter referred to as 'the Rules'). According to the petitioner, the post of craftsman (Carpenter) has been placed in the scale of Rs. 950-1500. Under the Rules, the minimum qualification required for this post in Middle with Diploma/Certificate from a recognised Institution. In spite of the fact that he fulfils the qualification, he has not been given the scale of Rs. 950-1500. On the contrary, he has been placed in the scale of Rs. 950-1400 with effect from May 1, 1990. The petitioner claims that even if his claim for being placed in the scale of Rs. 1200-2040 is not accepted, he is nevertheless entitled to be placed in the scale of Rs. 950-1500 with effect from June 27, 1989, when the rules were promulgated.

(3.) A written statement has been filed on behalf of the respondents. It has been averred that the pay scale of Rs. 1200-2040 has been sanctioned by the State Government only in respect of such persons as possessing the qualification of Matric with I.T.I./Polytechnic certificate and not to others. Since the petitioner does not fulfil this qualification, he is not entitled to the pay scale claimed by him.