KASHAV DATT Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition the petitioners have prayed for a writ in the nature of Mandamus directing the respondents to grant the revised pay scale of Rs. 480-760 w.e.f. 1.2.1981 as is being paid to the Electricians having two years ITI certificate course and to grant further revised pay scale of Rs. 1200-2040 w.e.f. 1.1.1986 and for further direction to the respondents to pay all arrears to the petitioners within some reasonable time. In para - 4 of the writ petition, it has been stated that "almost in all department their essential qualifications for the post was matric with two years ITI certificate, the persons who were working on the technical posts as the petitioners are holding and are similarly qualified, have been given the grade of Rs. 480-760 in accordance with the revision of pay scales as mentioned in the preceding paragraph. In Transport Department also the pay scales were not granted to the similarly situated persons w.e.f. 1.2.1981 and the electricians of the Department of Transport had filed CWP No. 185 of 1987 and 186 of 1987 in this Hon'ble Court and in which the Advocate General, Haryana gave a statement that relief sought (i.e. pay scale of Rs. 480-760) has been granted." The order of this Hon'ble Court passed in C.W.P. No. 186 of 1987 to this effect has been attached as Annexure P-3 to this writ petition.

(2.) This writ petition was admitted by a Division Bench of this Court on 20.7.1990. Though a period of more than 7 years has lapsed from the date when the writ petition was admitted, the written statement on behalf of the respondents has not been filed till today. In view of these facts the averments made in para 4 of the writ petition are deemed to have admitted by the respondents.

(3.) The learned counsel for the petitioners further submits that the facts of this case are similar to the facts of civil writ petition No. 12193 of 1990, Amar Singh and others v. State of Haryana and others, 1992 1 SCT 435decided on 6.12.1991 : (P&H). In that case the Electricians who possessed the qualification of matric with two years certificate of ITI had been granted pay scale of 400-600 and they had also claimed pay scale of Rs. 480-760 w.e.f. 1.2.1981 and scale of Rs. 1200-2040 w.e.f. 1.1.1986 on the ground that in all departments of Haryana Government persons possessing qualification of matric with two years certificate of ITI and working on technical posts like the petitioners had been placed in the scale of Rs. 480-760 w.e.f. 1.2.1981 and in the pay scale of Rs. 1200-2040 w.e.f. 1.1.1986. The said writ petition was allowed by this court and the petitioners in that case were granted the relief sought by them.