LABH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order I am disposing of C.W.P. Nos. 10414, 8258 and 8557 of 1993 because an identical question of law arises for determination by the Court.

(2.) Tor the purpose of this decision, it is sufficient to give a brief reference to the facts of C.W.P. No. 10414 of 1993. This is a petition filed by eleven petitioners, first six of whom possess the qualification of Matric with I.T.I. other petitioners in this petition possess the qualification of I.T.I. All the petitioners were appointed as T. Mates in the service of the Public Works Department of the Government of Haryana in various divisions after they had been selected by the Executive Engineer concerned on the basis of requisitions sent to the Employment Exchange. On the basis of their qualifications, the petitioners were given the benefit of revised pay scales of Rs. 1200-2040/- prescribed for technical persons having qualification of Matric with I.T.I. and grade of Rs. 950-1400 prescribed for persons having qualification of I.T.I. only. After over two years, the Superintending Engineer (Mechanical Circle) P.W.D. (B&R) Karnal, asked the Executive Engineer to issue notices to all the T. Mates to show cause as to why order granting them revised pay scales be not recalled and they be not fixed in the scale of Rs. 750-940. Petitioners have questioned the legality of this notice on the ground that once the benefit of revised pay scales has been given to them on the basis of their qualifications, it is not open to the respondents to take any action for withdrawing that benefit. Petitioners have also pleaded that all other persons having the qualification of Matric with I.T.I. have been given the benefit of grade of Rs. 1200-2040 and those having I.T.I. without Matric have been given benefit of grade of Rs. 950-1400 and, therefore, there is no justification for giving a different treatment to the petitioners.

(3.) In other two writ petitions, petitioners say that they have passed I.T.I. examination in the concerned trade before their appointment as T. Mates and they have been given the benefit of revised ay in the grade of Rs. 950-1400. They too have felt aggrieved by the action of the respondents in seeking to refix their pay in the grade of Rs. 750-940.