SATYAPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is a Mason serving in the Police Department in Class IV service. He holds a technical post, but does not possess the ITI Certificate. He claims technical pay scale of Rs.4000.006000 w.e.f. 8/9/1998 i.e. the date of appointment.

(2.) The Government of Haryana have issued instructions by letters dtd. 23/8/1990 and 26/7/1991 by which the pay of technical posts in the running scales of Rs.750.00940, 775-1025, 800-1150, 950- 1400, 950-1500 were modified by clubbing them be entitled to the pay scale of Rs.1200.002040 w.e.f. 1/5/1990 and which pay scale was further revised to Rs.4000.006000 w.e.f. 1/1/1996 for technical posts in various departments for which the minimum educational qualification prescribed is Matric with ITI Certificate/Polytechnic. Later on, the State Government issued instructions vide letter dtd. 9/8/2010 granting the benefit of pay scale of Rs.1200.002040 notionally w.e.f. 1/5/1990 and actually from the date of issuance of the said letter. This pay scale became applicable to those employees who did not possess the qualification Matric with ITI and were appointed prior to 1/5/1990 on a technical post. The petitioner was appointed as Mason on 8/9/1998 which is after 1/5/1990. It is not disputed that at the time of appointment, there were no statutory rules framed for the post of Mason. The rules pertaining to Class IV employees were framed in the year 2000 and notified on 11/8/2000. In these rules, the category of Mason for the purpose of pay scales was divided in three categories:- I)Middle Pass with Hindi at least six month experience as Mason; II) Under Matric with ITI Diploma III) Matric with ITI Diploma.

(3.) The petitioner falls in the first category. He holds Matriculation qualification without any diploma from ITI. Thus he was granted pay scale of Rs.2650.0065-3300-EB-70-4000 and the same was accepted by him without any objection.