LAWS(P&H)-2009-8-297

RAMESH CHAND Vs. STATE OF HARYANA AND OTHERS

Decided On August 11, 2009
RAMESH CHAND Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) This order will dispose of two Writ Petition Nos.11444 of 2008 (Ramesh Chand v. State of Haryana & others) and 19947 of 2008 (Sandeep Kumar v. State of Haryana & another). The facts are being taken from CWP No. 11444 of 2008.

(2.) The petitioner herein has claimed grant of pay scale of Rs. 1200-2040/4000-6000, which, in case of petitioner Ramesh Chand was granted and has now been withdrawn. This is termed as totally illegal. Petitioner Sandeep Kumar, however, has sought the grant of this pay scale through the connected writ petition. Both the petitioners, however, rely upon an order passed by this Court, annexed with the petition as Annexure P-13, which, according to them, squarely cover their prayer and relief claimed in the writ petitions. This, however, is seriously disputed by the State counsel, who would say that issue rather is covered against the petitioners by a Division Bench judgment of this Court, which is annexed with the reply as Annexure R-1.

(3.) The facts, noticed in brief to get the hang of the issues, are that the petitioner was appointed as Constable Computer Operator on 7.4.1994. Reference is made to a communication, Annexure P-1, whereby the Government of Haryana has approved the proposal for recruitment of technical Constables in different technical fields. The petitioner, who is 10+2 qualified has also done one year diploma in Computer Application from Guru Nanak Khalsa College, Karnal. The qualification for appointment to the post of Computer Operator was advertised vide Annexure P-1 and it was 10+2 with one year diploma from any recognized and reputable Computer Training Institute. Graduates were to be given preference. It is on this basis, the petitioner claims that he was appointed as Constable Computer Operator.