BALJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of the present writ petition, the petitioners are seeking the writ of certiorari for quashing the order dated 19.1.2009 (Annexure P-3), whereby respondent no.3 has rejected the claim of the petitioners for the grant of pay scale of Rs.1200-2040 at par with respondent no.4 despite the fact that respondent no.4 is junior to the petitioners.

(2.) Petitioner No. 1 and 2 were appointed as Storemen w.e.f. 16.7.1981 and 15.11.1979 respectively. Respondent no.4 was appointed as a Storeman w.e.f 30.08.1983 much after the appointment of the petitioners to the said post. As per the seniority list, the petitioner have been shown senior to respondent no.4. In the seniority list petitioner no.1 is placed at Sr. No.22, petitioner no.2 is at Sr No.14 and respondent no.4 is placed at Sr. No.47. Despite the fact, that respondent no.4 was appointed much after the petitioner, the petitioners were drawing the basic pay lower than respondent no.4. In this regard, they made representations (Annexures P-1 and P-2) to respondent no.3. Thereafter a Civil Writ Petition No.16708 of 2008 was filed by the petitioners in this regard which was disposed of by this Court vide order dated 19.9.2008 by giving directions to the respondent no.3-General Manager, Haryana Roadways, Bhiwani to take a final decision on the representations submitted by the petitioners. Pursuant to the order passed by this Court, the competent authority vide order dated 19.1.2009 (Annexure P-3) rejected the representation of the petitioners. The reason given for grant of pay scale of Rs.1200-2040 to respondent no.4 was that he is ITI pass and the petitioners are not ITI pass. Hence, the petitioners cannot be granted the technical pay scale.

(3.) The stand taken in the written statement filed by the respondents is that the post of storekeeper is a non-technical post as per the Department Rules and the petitioners are not entitled for the technical pay scale of 1200- 2040. Respondent no.4 has been granted the pay scale of 1200-2040 as he is having qualification of matriculation with ITI w.e.f 1.5.1990. The post of Store-man was declared as non-technical post by the Transport Commissioner, Haryana vide letter dated 12.10.1995 (Annexure R-2). The petitioners in this case were appointed before the year 1995 and respondent no.4 was getting the pay scale of Rs.1200-2040 from 1.5.1990 vide order dated 29.3.1991 (Annexure R-3) of the General Manager, Haryana. This order was revoked by the General Manager, Haryana Roadways, Delhi vide order dated 17.7.1991 (Annexure R-4). Rajender Pal challenged the order dated 17.7.1991 (Annexure R-4) by way of CWP No. 11018 of 1991, whereby operation of the impugned order was stayed. This writ petition was decided by this Court on 13.1.1994 in which the petitioners were directed to file the writ petition within three weeks. Upon this direction Rajender Pal Storeman, now storekeeper and 16 others petitioners filed CWP NO. 7909 of 1994 titled as Narender Singh and others Vs. State of Haryana and others. Vide order dated 8.6.1994, the order passed by the General Manager, Haryana Roadways, Delhi for revocation of enhancement of salary was stayed and, thereafter, the General Manager, Haryana Roadways, Sonipat vide order dated 1.12.2000 gave pay scale of 1200-2040 w.e.f 1.5.1990 to Rajender Pal storeman now storekeeper. Regarding this matter, the Transport Commissioner, Haryana issued a letter and clarified the position as the post of storeman/Assistant Storekeeper/Storekeeper/Chief Store keeper are non technical posts vide letter dated 3.10.2002 and vide letter dated 2.4.2003, it was further said that no employee of the store is entitled for technical pay scale of 1200-2040.