HARYANA STATE AND OTHERS Vs. PARDEEP KUMAR

JUDGEMENT

(1.) This appeal is directed against judgments and decrees dated 6.2.2003 and 25.11.2004 passed respectively by the Civil Judge (Junior Division), Hisar (hereinafter referred to as 'the trial Court') and the District Judge, Hisar (described hereinafter as 'the first appellate Court') vide which the suit of the plaintiff (respondent herein) was decreed and the appeal of the defendants (appellants herein) was allowed only to the extent that the payment of the arrears of the respondent was restricted to the period of 38 months from the date of filing of suit along with interest at the rate of 8% per annum.

(2.) The case of the respondent was that he was appointed as Helper on 12.7.1995 in Transport Department, Haryana, in the category of unskilled labours and was granted the pay scale of Rs. 750-940 and since then, he was performing his duties quite satisfactorily. He was a matriculate and possessed Diploma in Motor Mechanic Trade from Industrial Training Institute. In view of his qualifications, he fell in the category of skilled labours/helpers as per the instructions issued by the Transport Commissioner, Haryana vide letter dated 20.8.1992. Therefore, he was entitled to be placed in the pay scale of Rs. 1200-2040 after revision of pay scales, but it was not done so. Prior to the aforesaid instructions, the State Government had also issued letter No. 3531-57/E-2 and E-4 dated 20.2.1991 in which it was mentioned that the employees who possessed the qualification of matriculation along with I.T.I. Diploma fell in the category of skilled labours/helpers and were entitled to the pay scale of Rs. 1200-2040. However, he was given the pay scale of Rs. 940-1400 and was not allowed the aforesaid pay scale despite a legal notice having been served by him upon the appellants. Hence, he filed the suit for declaration to the effect that he was entitled to the pay scale of Rs. 1200-2040 being skilled labour/helper with a consequential relief of mandatory injunction directing the appellants to grant the above pay scale and also pay the arrears of difference of salary with interest at the rate of 18% per annum.

(3.) On notice, the appellants put in appearance and filed their written statement contesting the claim of the respondent. In preliminary objections, it was pleaded that the respondent had no locus standi to file the suit; that he had no cause of action and that he had not come to the Court with clean hands. On merits, their stand was that although the respondent possessed the qualification of matriculation with I.T.I. Diploma, but merely that does not create any right in his favour to get the scale of Rs. 1200-2040 because he was working as a helper which is an unskilled post and as per the instructions of the State Government, the scale of Rs. 1200-2040 was not to be given to the unskilled person. The rest of the pleas of the respondent were also denied.