PANNAL LAL Vs. HSDC

JUDGEMENT

(1.) This order will dispose of two petitions bearing C.W.P. Nos. 13966 of 1999 and 12619 of 2001 as similar facts and issues are involved in both the cases. For the sake of convenience, facts are being extracted from C.W.P. No. 13966 of 1999.

(2.) The prayer in the present petition is for quashing of remarks made against entry No. 59 of sanction order dated 12.10.1998 with regard to grant of pay scale of ' 3050-4350 for the post of Helper to mechanic, which is only for those candidates, who were having ITI diploma as well as for quashing of orders dated 28.12.1998 and 29.1.1999 vide which their pay have been fixed in the pay scale of ' 2650-4000.

(3.) Briefly, the facts of the case are that the petitioners are working as Helpers to mechanic with the respondents-Corporation after their appointment on the post of Helper to mechanic. At the time of appointment, the petitioners were having qualification of matric with practical experience of three years in operations, maintenance, repair of processing equipment/machinery and on the basis of that qualification and experience, they were selected on the post of Helper to mechanic. As per advertisement, which was published in Daily Tribune dated 10.8.1985, total 11 posts of Helpers to mechanic were advertised and qualification and experience for said posts was either Diploma in mechanical or electrical trade with working experience of approximately six months in operations, maintenance and repair of seed processing equipment or matric passed with practical experience of three years in operations, maintenance, repair of processing equipment/machinery. The petitioners were matric pass with three years experience and on the basis of that qualification and experience, they were selected and appointed. All selected candidates who were either having diploma or were matric pass with experience were getting same pay scale which was revised from time to time. The pay scales of all the employees were revised w.e.f. 1.1.1996 but against entry No. 59, a clause was mentioned, whereby, two different pay scales were mentioned in the recommendations which were approved, that the pay scale of employees who were having ITI diploma were to be given pay scale of ' 3050-4350 and the candidates who were not having ITI diploma were placed under pay scale of ' 2610-3540. On the basis of that recommendation, the pay of petitioners and other Helpers to mechanic were fixed. That entry No. 59 in the recommendation of pay scale is the subject matter of challenge in the present petition.