SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two-fold prayers have been made by the petitioner in this petition filed by him under Article 226 of the Constitution of India. His first prayer is that a direction be issued to respondent No. 2 to give him annual increments and house rent meant for the post of Belder. His second prayer is for the issue of a direction to respondent No. 2 for payment of salary in the pay scale of the post of Pump Operator (Driver). Since the respondents have not chosen to file written statement, the petition will have to be decided by treating the averments made in the petition as correct.

(2.) The case of the petitioner is that he was appointed as Beldar in the service of the Municipal Committee, Rohtak, on 4.10.1975 and by now he has rendered more than 19 years of service as Beldar in the service of the Municipal Committee. The petitioner has pleaded that he was not allowed benefit of annual increments and house rent and, therefore, he filed Civil Suit No. 435 of 1987 which was decreed on 4.10.1988. He sought execution of the decree passed by the learned Sub-Judge, Rohtak. In the execution proceedings, he got relief in the form of annual increments and house rent till the date of the decree. However, for the subsequent period the executing Court declined to give relief on the ground that no such direction was given in the decree.

(3.) The petitioner has also stated that with effect from 1.4.1988 he was assigned the duty of Pump Operator (Driver) and since then he has been performing the work of the post of Pump Operator (Driver). His claim is that other persons holding the posts of Pump Operators (Drivers) in the service of the Municipal Committee are being paid salary in the pay scale of Rs. 950-1,400 but he is being paid salary in the pay scale of Beldar. The petitioner has pleaded that on the basis of the principle of 'equal pay for equal work' enshrined in Article 39(d) of the Constitution of India, he has a right to be paid salary in the pay scale of the post of Pump Operator (Driver).