KAHAN SINGH BALI Vs. REGIONAL ENGINEERING COLLEGE, KURUKSHETRA

JUDGEMENT

(1.) The petitioner, who stands retired from service of the respondents with effect from December 31, 1991, has sought the issue of a writ of mandamus to quash Annexures P. 4 and P. 5 and a further direction to the respondents to pay him salary in the pay scale of Rs. 950-1400/1500 with effect from 1.1.1986..

(2.) In short, the case set up by the petitioner is that he was appointed as a Book Binder in the service of the Regional Engineering College, Kurukshetra, on 8.12.1986 in the pay scale of Rs. 50.3.80. The petitioner claims that the post of Book Binder belongs to Class III posts and he was given the benefit of revised pay-scales made effective in the years 1968 and 1976. His further assertion is that the respondent- College had adopted the revised pay-scales for different posts, which were prescribed by the Government of Haryana from time to time. The pay scale of the post of Book Binder in the Service of the Government of Haryana came to be revised from Rs. 400- 600 to Rs. 950-1400 with effect from 1.1.1986 vide Notification No. 1/8/3-PR (FA)-88 dated 19.10.1987. It had further been revised to Rs. 950-1500 sometime in the year 1991. Petitioner's further assertion is that even though the respondents had adopted the pay-scales prescribed by the Government of Haryana from time to time in the past, this time the benefit revised pay-scale has not been given to the petitioner. He has made a reference to the provisions contained in the Regional Engineering College, Kurukshetra. Non-teaching Service Rules in support of his assertion that the post of Book Binder falls in Class III. Petitioner has stated that even a person holding the post of an Attendant in the Library of the College and who works as a helper to the Book Binder has been given the revised pay scale of Rs. 950-1500 but a person like him, who served the College in Class IE, has been deprived of the benefit of revised pay-scale.

(3.) Respondents have not disputed the claim made by the petitioner that he had been appointed as Book Binder in the service of the College and continued to serve the College in that capacity till the date of his superannuation. The respondents have also admitted that they have been adopting the pay scales prescribed by the State of Haryana from time to time. Regarding notification dated 19.10.1987, it has been stated that the matter is to be placed before the Board of Governors which is likely to meet in the near future. Further assertion of the respondents is that the claim of the petitioner for grant of higher pay scale was rejected by the Director of Technical Education, Haryana, and this decision was conveyed to the petitioner.