ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners who are working as Electricians in the Public Works Department (Buildings & Roads Branch), claim that they are entitled to the grant of scale of Rs. 480-760 with effect from February 1, 1981 and the scale of Rs. 1200-2040 with effect from January 1, 1986. Initially, the respondents contested the petitioners' claim primarily on the ground that they were working in Grade II while to the higher scale had been sanctioned for the posts in Grade I. According to the respondents, the appointments to Grade I were to be made by promotion from Grade II. Accordingly, the respondents submitted that the petitioners were not entitled to the pay scale meant for the posts in Grade I. In spite of the aforementioned plea having been raised in the written statement, the respondents granted the higher scale of Rs. 1200-2040 to the petitioners with effect from May 1, 1990. As a result, the short question that survives for consideration is - Are the petitioners entitled to the revised scale of Rs. 480-760 with effect from February 1, 1981 and Rs. 1200-2040 with effect from January 1, 1986.

(2.) On extract from the order issued by the Finance Department on March 30, 1982 regarding the revision of pay scales with effect from February 1, 1981 has been produced as Annexure R-9 with the written statement. A perusal thereof shows that technical posts in various departments for which minimum educational qualifications were Matric with two years' I.T.I. certificate, were placed in the scale of Rs. 480-760 with effect from February 1, 1981. It has been conceded by Mr. Jaswant Singh, after getting instructions from Mr. Krishan Lal, an official of the Department that the minimum qualifications for the post of Electrician are Matric with ITI Certificate. Consequently, the petitioners were holding technical posts of Electricians with the prescribed qualifications and were entitled to be placed in the scale of Rs. 480-760. The next revision of pay scales was ordered with effect from January 1, 1986. This revised scale was admissible to persons who were initially in the pay scale of Rs. 480-760 and were holding technical posts with the qualifications as noticed above. The entitlement of the petitioners has been rightly recognised by the Respondent-Department by placing them in the scale with effect from May 1, 1990. No reason whatsoever has been advanced to show as to why this scale has not been granted to the petitioners with effect from January 1, 1986. In spite of being asked, learned counsel for the respondents had not been able to give any justification for the differential treatment. The only plea raised by learned counsel for the respondents is that it is the prerogative of the department to fix a date with effect from which the revised pay scale has to be given to a particular category of employees. He, however, concedes that the pay scales of all categories of employees in the Government have been revised with effect from January 1, 1986. Why has an exception been made in case of the category of Electricians? No explanation whatsoever is forthcoming. Once the Government decides to revise the pay scales of its employees, the benefit has to be accorded equally to all categories. An exception, if made, has to be justified and it must meet the test of Article 14. In the present case, no reason whatsoever is forthcoming to justify the differential treatment.

(3.) Even on precedent, I find that while deciding Civil Writ Petition No. 15043 of 1993 : (Om Parkash v. State of Haryana & others, 1993 4 SCT 724), G.S. Singhvi, J. vide his judgment dated April 29, 1994, has upheld the claim of Electricians and granted them the scales of Rs. 480-760 with effect from February 1, 1981 and Rs. 1200-2040 with effect from January 1, 1986.