BALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer made in the instant petition filed under Article 226 of the Constitution is that order dated 17.12.2007 (P-8) passed by the Deputy Commissioner, Fatehabad-respondent No. 4, rejecting the claim of the petitioner for grant of minimum of regular pay scale with allowances like D.A. etc. be set aside. A further direction has been sought for grant of minimum of the regular pay scale and DA to the petitioner w.e.f. 29.1.1996 when the petitioner was appointed on the post of Peon along with interest @ 18%.

(2.) The petitioner was appointed as Peon in the office of the Municipal Committee, Ratia-respondent No. 3 on 29.1.1996 and continued as such upto 10.1.1997 when his services were terminated. He challenged his termination by approaching the Industrial Tribunal-cum-Labour Court, Hissar (for brevity, the Tribunal ) by filing reference No. 24 of 1998. The Tribunal answered the reference on 25.1.2002 in favour of the petitioner holding that his termination was illegal. It also directed to reinstate the petitioner with continuity of service with all consequential benefits with 25% back wages from the date of the demand raised (P-l). On 4.7.2002, he was reinstated on the post of Peon on daily wage basis (P-2). The petitioner made various representations for grant of minimum of regular pay scale w.e.f. the date of his appointment. His case was also recommended by the Secretary, Municipal Committee, Ratia-respondent No. 3 to the Deputy Commissioner, Fatehbad-respondent No. 4. Then he filed C.W.P. No. 13637 of 2007, which was disposed of on 31.8.2007 (P-7) by directing the respondents to take notice of the representation made by the petitioner and decide the same in accordance with law. The decision has now been given by the Deputy Commissioner vide order dated 17.12.2007 (P-8) rejecting the claim made. The primary reliance has been made by the Deputy Commissioner on the Division Bench judgment of this Court rendered in the case of Rajender Kumar v. State of Haryana,, of which one of us (M.M. Kumar, J.) was a member, wherein the Division Bench has considered in detail the effect of the judgment rendered by the Constitution Bench of Hon ble the Supreme Court in the case of the Secretary, State of Karnataka v. Umadevi,.

(3.) Mr. Jagbir Malik, learned Counsel for the petitioner has placed primary reliance on the case of Smt. Bhagwan Devi who has been granted minimum of the regular pay scale by the Deputy Commissioner-respondent No. 4, vide order dated 16.1.2003 (P-5). He has also placed reliance on a Full Bench judgment of this Court in the case of Vijay Kumar v. State of Haryana,2002 (130) PLR 387 and argued that if a daily wager fulfills various conditions culled out by the Full Bench then he is entitled to the minimum of the regular pay scale on the principle of equal pay for equal work along with DA.