HARBHAJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners were working as drivers on daily wage basis in the office of respondent No. 3 with effect from 5.6.86, 5.7.81 and 10.10.1987 respectively. They were regularised by the order dated 7.1.1994 (copy annexure P/1) with effect from 26.11.1993. However, they were regularised in group 'D' scale meant for class IV employees. Vide order dated 16.10.1996 (copy annexure P/2) two persons viz. Sita Ram and Avtar Singh were regularised in Group 'C' scale. The petitioners contended that these two persons were junior to them. The petitioners represented that their juniors were placed in group 'C' scale while they have been placed in group 'D' scale. Vide order dated 17.1.1997 (copy annexure P/3) the petitionerss were regularised as group Rs. C employees instead of group 'D' with effect from the existence of the vacancies. However, vide letter dated 21.7.97, the petitioners were informed that it was decided to withdraw the scale given to them vide letter dated 17.1.1997 (copy annexure P/3) and they were required to show cause within 15 days as to why the scale given to them may not be withdrawn. Copy of one such letter addressed to petitioner No. 1 is at annexure :P/4. Petitioners replied to the letter vide letter at annexure P/5. By letter dated 13.11.1997 the pay scale of the petitioners of group 'C' was withdrawn stating that it was inadvertently granted. Copy of one such letter dated 13.11.1997 addressed to petitioner No. 1 is at annexure P/6. The petitioners contend that no reason has been shown for withdrawal of group 'C' scale which was granted to them and they also contend that persons junior to them are still enjoying the said scale with effect from much earlier date. The petitioners have prayed that they be placed in group 'C' scale with effect from the date their juniors were placed in such scale and that all consequential benefits be given to them.

(2.) Respondent No. 3 has filed the written statement on behalf of all the respondents. It is the case of the respondents that as per Government policy dated 27.5.1993 the services of daily wagers were to be regularised with effect from 31.3.1993 in the lowest pay scale of Rs. 750-940 on group 'D' post. Accordingly, the service of the petitioner was so regularised. It has further been mentioned in paragraph 2 of the preliminary objection as follows:

(3.) Learned counsel for the petitioners argued that the respondents are totally misreading their own instructions. For appreciating the contention of learned counsel for the petitioners, let us notice the instructions dated 27.5.1993 annexure P/7 (relevant extract) is as under :