MADAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as a Sweeper on daily wage basis on Dec. 1, 1990. It is averred that the petitioner was paid wages as fixed by the Deputy Commissioner amounting to about Rs. 800.00 per month while regular employees were paid salary in the scale of Rs. 750-940. On July 9, 1991, his services were terminated. Claiming that he had a right to be regularised, the petitioner filed Civil Writ petition No. 11313 of 1991 in this Court. It was disposed of vide order dated July 29, 1991 with the observation that the petitioner should file a representation to the authority concerned and in case he is aggrieved by any order passed on the representation, it will be open to him to resort to a remedy before a Court of law. A direction for expeditious disposal of the representation was also given to the department. The petitioner's representation having been rejected vide order dated Jan. 17, 1992, he has filed the present petition in this Court. Herein, the petitioner had inter alia prayed for setting aside of the order passed on his representation and for his reinstatement in service with effect form July 10, 1991. A further prayer for the issue of a writ in the nature of mandamus commanding the respondents to grant the petitioner regular pay scale of Rs. 750-940 from the date of his initial appointment has also been made.

(2.) At the time of preliminary hearing, the Motion Bench directed the issue of notice of motion only in respect of the claim for parity of treatment in the matter of pay. Accordingly, Mr. I.D. Singla, learned counsel for the petitioner, has pressed this petition in respect of his claim for the regular scale of pay of Rs. 750-940. Learned counsel specifically stated before me that he does not challenge the order of termination of the order passed by the General Manager, Haryana Roadways, Karnal (Annexure P-1).

(3.) The claim for parity of treatment in the matter of pay scale is based on the averment in paragraph 6 of the petition. It reads as under:-