MADAN LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) These three petitions contain almost identical prayers made by the petitioners for grant of revised pay scales of Rs. 950-1400 with effect from 1.1.1986 and to assign them seniority with effect from the date of the promotion to the higher posts in the work charged cadre.

(2.) Madan Lai (petitioner in C.W.P. No. 12641 of 1994) was appointed on 9.9.1976 as Fitter Coolie on work charged basis by the Executive Engineer (P.W.D.) Public Health- r , vision No, 1, Karnal. He was promoted as Fitter (Pay Scale of Rs. 400-600) with effect from 21.7.1983 vide order Annexure P2. He was shown to be on probation of three months. When the Government of Haryana revised the pay scales of its employees with effect from 1.1.1986 the pay scale of Rs. 400-600 was raised to Rs. 950-1400. However, the petitioner was not allowed the benefit of this grade even though other similarly situated persons were given the benefit of the revised pay scale. The petitioner's pay was fixed in the scale of Rs. 750-940. The petitioner has claimed that denial of salary to him in the grade of Rs. 950-1400 amounts to violation of the doctrine of 'equal pay for equal work* and thai: there is no reason or rhyme in depriving the petitioner of the benefit of pay in the scale of Rs. 950-1400. The petitioner further says that although he had a right to be regularised on the post of Fitter, the respondents have regularised his service on the lower post and in this manner he has been subjected to discrimination. Another grievance made by the petitioner is that from the month of May, 1994 his pay has been reduced without any reason or rhyme.

(3.) The writ petition has been opposed by the respondents, who have pleaded that the petitioner was appointed on work charged basis and was promoted as Fitter Grade-II on work charged basis. Subsequently, in accordance with the policy formulated by the Government of Haryana for regularisation of the work charged employees, the petitioner's service was brought on the regular cadre vide order dated 15,3.1984 issued by the Superintending Engineer (P.W.D.), Public Health Circle, Karnal. The respondents have pleaded that the petitioner has been working as Fitter Coolie and he has no right to be paid salary in the grade of Rs. 950-1400. The respondents have asserted that the petitioner is not entitled to the fixation of his pay in the grade of Rs. 950-1400 because he has clearly accepted the revised pay scale of the post of Fitter Coolie.