RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners are working as Industrial Promotion Officers which is a class II post in the pay scale of Rs. 1640-2900/- (received w.e.f. 1.1.1986). Some of the petitioners have been appointed by direct recruitment as Industrial Promotion Officers and others promoted as such. The post of Block Level Extension Officer/Inspector of Industries is a feeder post to the post of Industrial Promotion Officer. The time scale of the post of Block Level Extension Officer/Inspector of Industries is Rs. 1400/-2600/- and time scale of Industrial Promotion Officer is Rs. 1640-2900/- w.e.f. 1.1.1986. By virtue of the present writ petition, they seek a writ of mandamus directing the respondents to grant higher scale to the petitioners in comparison to the feeder post mentioned above w.e.f. 1.1.1994. The other prayer that respondents 1 and 2 should be directed to grant promotee quota to the petitioners while filling up the posts of Assistant Director and Deputy Director in respondents' department was not pressed. Learned counsel for the petitioners is permitted to file a separate writ petition, if so advised with respect to the said relief. Therefore, the scope of the present petition is confined to the first prayer seeking higher scale of pay to the petitioners in comparison to the feeder post from 1.1.1994.

(2.) The precise grievance of the petitioners is that Government of Haryana issued policy decision, by virtue of which it was decided that Class III and Class IV employees of the Haryana Government, shall be granted first higher standard pay scale on completion of 10 years service and second higher standard pay scale on completion of 20 years service. As a result of this policy decision (copies of which are Annexures P-1 and P-2), the employees/persons working in the feeder post of Block Level Extension Officers/Inspectors of Industries are having higher scale of pay than the higher post on which the petitioners are working. The petitioners claim that as result of it they are being discriminated and consequently, they seek higher pay scale for their post as against those working on the feeder post.

(3.) Needless to say that petition has been contested. It is contended that it is in the inherent power of the State Government to prescribe and grant the additional increments to Group C and D employees on completion of certain years of service. It was done after due consideration, keeping in view the various administrative factors. It did not give the petitioners any right to claim higher pay scale. There was no controversy raised about the decision of the Government (copies of which are Annexures P-1 and P-2) whereby the higher pay scale was given to Group C and D employees after completion of 10 years and 20 years of satisfactory service. It was admitted that pay scale of Block Level Extension Officer/Inspector of Industries is Rs. 1400-2600/- while the time scale of Industrial Promotion Officer from 1.1.1986 is Rs. 1640-2900/-. The higher standard pay scale on completion of 10 and 20 years regular satisfactory service was granted to remove the stagnation. It was denied that there was any discrimination in this regard qua the petitioners.