BHAGWAN DASS DAWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner who was serving as Fitter Instructor at the Industrial Training Institute, Panipat had instituted the instant writ petition in the year 1993 assailing the action of the respondent -Authorities in having denied to him the service benefits that were made admissible to his junior, namely, Hazari Singh.

(2.) FACTS , in brief, are that the petitioner was, initially, appointed as Fitter on adhoc basis in the pay scale of Rs. 120 -200 in the Industries Department of erstwhile State of Punjab on 4.11.1962. He was thereafter selected and appointed as Foreman -cum -Supervisor in the pay scale of Rs. 200 -410 on 30.9.1963. Upon re -organization of the State of Punjab, the petitioner was allocated to the State of Haryana w.e.f. 1.11.1966. Upon the closure of Rural Industrial Development Centres at Dadupura, Samalkha and Kohand, certain staff was rendered surplus and, consequently, services of the petitioner along with one Hazari Singh were terminated in the year 1969. The petitioner was at that point of time adjusted as Supervisor in the pay scale of Rs. 150 -300 in the Common Facility Workshop in the Development and Panchayat Department running under the aegis of Industries Department. In June 1976, the Government decided to wind up the Common Facility Workshops and, consequently, the petitioner having been rendered surplus accepted adjustment on the post of Fitter Instructor in the grade of Rs. 225 -500 on 16.11.1976. His services on the post of Fitter Instructor were regularized w.e.f. 13.6.1978 on the approval of the Subordinate Services Selection Board, Haryana.

(3.) THE entire case set up on behalf of the petitioner is that Hazari Singh was his junior and his services were also terminated upon the closure of the Rural Industrial Development Centres and subsequently, at the stage of adjustment, Hazari Singh has stolen a march and has been appointed on a higher post of Apprenticeship Supervisor. It has been contended that such action is discriminatory and violative of Articles 14 and 16 of the Constitution of India and the petitioner is vested with a right to be granted all the service benefits as has been made admissible to his junior Hazari Singh.