SHYAM SUNDER Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS is a petition by 8 persons who were working as linemen in the Haryana State Electricity Board (Board), under Articles 226 and 227 of the Constitution, seeking a direction to the Board to grant them revised pay scale of Rs. 480-760.00 with effect from February 1, 1981 and Rs. 1200-2040.00 with effect from January 1, 1986. The petitioners have claimed that revised pay scales were given to the employees of other categories from January 1, 1986 but to the petitioners from May 1, 1990, The petitioners were matriculates with 2 years 'certificate from the I. T. I, or Polytechnic. They were selected and appointed in the year 1986 by the Board as Assistant Lineman. The pay scales of the Government employees in the State of Haryana were revised on the recommendation of the Pay Commission. The pay scales of the employees of the Board were also revised with effect from April 1, 1979. Later on, the pay scales of certain categories of Government employees of Haryana were revised with effect from February 1, 1981 on the recommendations of the Anomaly Committee. Employees working on technical posts in various department of the Government of Haryana, for which minimum qualification was Matric and 2 years' certificate from I. T. I. , were given the revised pay scale of Rs. 480-760.00 with effect from February 1, 1981 in place of Rs. 400-600.00 granted from April 1,1979.

(2.) THE petitioners' case is that they belonged to the category of technical posts and were entitled to get the pay scale of Rs. 480/760.00 with effect from February 1, 1981. The pay scales were again revised by the Board with effect from January 1, 1986. The earlier pay scale of Rs. 350-600.00 was revised to Rs. 800-1150.00 with effect from January 1, 1986. The revised sale was, however, substituted to Rs. 820-1300.00with effect from January 1, 1986. The petitioner's contention is that if their pay scale was fixed at Rs. 480-760.00 on February 1, 1981, the revised pay scale with effect from January 1, 1986 should have been Rs. 1200-2040/ -. The petitioners represented to the Anomaly Committee and their pay scale was revised to Rs. 825-1300.00 with effect from January 1, 1986. They again represented to the competent authorities to give them the revised pay scale of Rs. 1200-2040.00 from January 1, 1986. On the recommendation of the Anomaly Committee, the pay scale was revised to Rs. 1200-2040.00with effect from May 1,1990.

(3.) THE precise question Which arises in the present petition relates to the pay scale of the similar category of employees. It is manifest that the old pay scale pertaining to the technical posts was Rs. 120-150.00 and Rs. K0-150/ -. These scales were meant for those employees of the various categories of the State Government for whom minimum education qualification was matriculate with 2 years' I. T. I. certificate. These scales were revised with effect from April 1, 1979 to Rs. 400-600.00 and Rs. 420-700/ -. Their scales were further revised with effect from February 1, 1981 to Rs. 480-750/ -. Since the petitioners had not entered the service of the Board in the year 1981, there is no need to examine their claim for revising their pay scale with effect from February 1,1981. The old pay scale is, however, relevant to look into the plea of parity as on January 1,1986. The Anomaly Committee did accept the plea of the petitioners on their representation for revising the pay scale but effect of the revision was given from May 1, 1990 and not January 1,1986, as claimed. No reasons are said to have been given by the Anomoly Committee for giving the revised pay scale from a different date.