SOM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition for issue of a mandamus directing the respondents to revise the pay scale of the petitioners from Rs. 350-500 to Rs. 420-700 with effect from 1.4.1979 and Rs. 1200-2040 with effect from 1.1.1986 and to pay them arrears.

(2.) Initially this petition was allowed by a learned single Judge on March 19, 1991 and the L.P.A. No. 1337 of 1994 filed by the respondents was dismissed by a Division Bench. However, in the Special Leave Petition No. 294 of 1992 filed by the State Government in the Supreme Court, their Lordships reversed the decision of the learned single Judge and the Division Bench and directed the High Court to decide the writ petition afresh. This is how the writ petition has been posted for rehearing and fresh decision by this Court.

(3.) Before dealing with the contentions of the learned counsel, it will be appropriate to set out some facts. The petitioners are holding the post of Diesel Pump Attendants (for the sake of brevity described as 'DPAs'). Majority of the petitioners have passed matriculation and they hold I.T.I. certificate in Motor Mechanic Trade. Pay scale of the DPAs was Rs. 90-140 as on 1.4.1973. It was revised to Rs. 350-500 with effect from 1.4.1979 and then to Rs. 775-1025 with effect from 1.1.1986. Petitioners have claimed that they are more qualified than Battery Attendants who are merely matriculates and even though their duties are more onerous than those of the Battery Attendants, they have been given lower pay scale as compared to the Battery Attendants. According to the petitioners, Battery Attendants were fixed in the pay scale of 140-250 prior to 1.4.1979. Their pay scale was revised to Rs. 420-700 with effect from 1.4.1979 and then to Rs. 1200-2040 with effect from 1.1.1986 but similar benefit has not been given to DPAs and in this manner they have been discriminated. An alternative plea raised by the petitioners is that in terms of the Memo No. 6/23/3PR (FD)-8B dated 26th July, 1991 issued by the Finance Department all persons working on technical posts for which minimum educational qualifications are prescribed as matric with I.T.I. certificate/polytechnic have been given the grade of Rs. 1200-2040 with effect from 1.5.1990 and, therefore, at least with effect from that date the petitioners should be paid salary in the pay scale of Rs. 1200-2040.