SATISH KUMAR RAUHIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Petitioners are Works Manager in Transport Department, Haryana. The sendee conditions of the petitioners are governed by the Haryana Transport Department (Group B) Service Rules, 1992. The essential qualification prescribed for Works Manager is as under:- <FRM>JUDGEMENT_136_LAWS(P&H)11_1995(1).html</FRM>

(2.) Respondents 1 and 2 have contested the petition asserting that it is in the administrative power of the State to prescribe and grant different pay scales to different category of employees. The petitioners have no right to claim a particular scale. It was further noted that besides the Public Works Department, there are other departments like Science and Technology, Industrial Training, Mines and Geology, Development and Panchayats. All the Engineers working in these departments are also Degree holders like the Engineers of Public Works Department. No Engineer of any of the Department except Public Works Department have been allowed revised pay scales. Engineers of Public Works Department are governed by different Service Rules and are borne on different and distinct cadres. A number of considerations including financial constraints and administrative factors are kept in view while deciding the pay scales of a cadre of a group of employees. Further more it was alleged that duties and responsibilities of the petitioners and the Engineers of three wings of Public Works Department are different and distinct. The Works Managers have to supervise the servicing and maintenance of the Buses and has to look after the work of the Workshop, whereas the duties of the Engineers of three wings of the Public Works Department are arduous in nature as compared to the petitioners. The Engineers of Public Works Department have to work under difficult conditions and constraints because of development activities taken by the State under its phased programme. There are time bound schedules for Engineers of Public Works Department. The Works Managers have only limited functions relating to inspection and supervision.

(3.) Learned counsel for the petitioners alleged that there has been parity of pay scales of the Works Managers having Graduate Degree in Engineering with other Assistant Engineers of the State and, therefore, on the principle of 'equal pay for equal work' the petitioners must be held entitled to the revision of their pay scales from 1.5.1989.