ASHOK RATHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner was appointed an Assistant Engineer in the Improvement Trust, Hansi on ad hoc basis with effect from 23.1.1991 in the pay scale of Rs. 2000-3500. His services were regularised by the State Government as per its order dated 6.6.1994. After the dissolution of the Improvement Trusts in the State of Haryana, the assets and liabilities of Improvement Trust, Hansi came to vest in the Municipal Council, Hansi where the petitioner is working. He has filed this petition under Article 226 of the Constitution with a prayer that he be given the revised pay scale of Rs. 2200-4000 which his counterparts are drawing in the State Public Works Department (Building and Roads Branch) on the principle of equal pay for equal work.

(2.) The matter whether the employees of the Improvement Trusts in the State should be granted the revised scales as sanctioned by the State Government to its employees had been under the consideration of the State Government and on 16.6.1970 it had been decided that the Government had no objection if the employees of the Improvement Trusts were also given the same revised scales. Again, in the year 1987, the State Government decided to permit Improvement Trusts to revise the scales of pay of their employees with effect from 1.1.1986 on similar pattern as was done by the State Government subject to the condition that expenditure on account of revision of pay scales would be borne by the respective Trusts out of their founds. It is common case of the parties that every time the Government permitted the Improvement Trusts to revise the pay scales of their employees, the latter were given the same scales as were drawn by their counterparts working with the State Government. In the year 1989, the State Government again revised the pay scales of its doctors and engineers with effect from 1.5.1989. The pay scale of Assistant Engineers/Sub Divisional Engineers/Sub Divisional Officers was Rs. 2200-4000. The grievance of the petitioner is that this revised grade of the Assistant Engineers in the Public Works Department (Buildings and Roads) is not being given to him though the qualifications that he possesses and also the nature of duties that he performs are the same which are being performed by his counterparts in the Public Works Department.

(3.) The claim made by the petitioner is resisted by the respondents and in the written statement filed on their behalf it is pleaded that the administrative set-up and working of the Public Works Department (Buildings and Roads) is quite different from that of the Improvement Trusts. It is stated that various promotional posts like the Executive Engineers, Superintending Engineers, Chief Engineers, etc. are in the Public Works Department and that a Sub- Divisional Engineer in that department also performs administrative duties like issuing of cheques, maintenance of cash book etc. whereas in the Improvement Trusts no such duties are performed by the Trust Engineer and that there is no promotional post above the rank of Trust Engineer in the Trust. It is for this reason that an Assistant Engineer with an Improvement Trust is entitled to the pay scale of Rs. 2000-3500.