JAGDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jagdeep Singh and four others who were working as Junior Engineers have filed the present petition under Articles 226 and 227 of the Constitution of India to challenge the notification dated 27.1.1992, Annexure P. 3, inasmuch as it seeks to revise the pay scale of Junior Engineers w.e.f. 1.1.1992 instead of 1.1.1986.

(2.) According to the petitioners they are holding the posts of Junior Engineers and prior to 1.1.1986 the time scale of Rs. 700-1250 was granted to the Junior Engineer and 20 per cent Junior Engineers were entitled to selection grade of Rs. 800-1400. The State of Haryana had in April, 1986 revised the pay scales of all the employees as per notification Annexure P.1 The revision of grade was to be effected under the Rules called the Haryana Civil Service (Revised Pay) Rules, 1987 (for short the Rules). According to these rules, the pay scales were to be revised w.e.f. 1.1.1986 and in Part "A" of the First Schedule of categories the persons working in the scale of Rs. 700-1250 were to be granted the scale of Rs. 1640-2900. Even the Finance Department had issued clarification to this effect which is attached with the petition as Annexure P.2. In view of the clarification, the Junior Engineers were entitled to be fitted in the pay scale of Rs. 1640-2900 but instead they have been given the pay scale of Rs. 1400-2300 and promotion grade of Rs. 1640-2900. The petitioners had through the union represented to the Government that this had created anomaly and further mentioned that in the PWD (B & R), the post of Junior Engineer is filled by direct recruitment as well as by promotion from amongst Road Inspectors. The post of Road Inspector had thus become the feeder post. A comparative table of pay scales of Junior Engineers and Road Inspectors both pre and post revised, according to the petitioners were as under : Pay scales before Pay scales w.e.f. 1.1.1986 1.1.1986 JUDGEMENT_189_LAWS(P&H)8_1999.JP2.html The table clearly indicates that the pay of Road Inspector after evision would be fixed in the scale of Rs. 1400-2600 whereas on his promotion to the post of Junior Engineer his pay would be fixed in the pay scale of Rs. 1400-2300 which shows the anomaly, on the face of it was writ large. According to the petitioners, a High Power Committee consisting of Minister Irrigation and Power PWD (B & R) Chief Secretary, Financial Commissioner and all the three Secretaries of the PWD (B & R) Department examined the case and recommended in the year 1988 that Junior Engineers are entitled to the time scale of Rs. 1640-2900 and after rendering 20 years of service they should be given the pay scale of Rs. 2000-3500 when they would be designated as Senior Site Engineer. This announcement was made by the Irrigation and Power Minister while presiding over the 14th General Session of Diploma Engineers Association of Haryana at Karnal. It is submitted that in view of the decision of the anomaly committee and the announcement made by the Irrigation and Power Minister, the notification was ultimately issued on 27.1.1992 and the anomaly has been removed w.e.f. 1.1.1992 instead of 1.1.1986. On the representations made by the Junior Engineers pointing out that this anomaly had to be removed w.e.f. 1.1.1986, the Government has taken no steps to remove the grievance of the petitioners and this had occasioned the filing of the present writ petition.

(3.) In the reply filed, the State took the plea that it is the inherent administrative power of the State Government to prescribe and grant the scales of pay to any class or categories of Government employees. The Government also asserted that the scales of all the Junior Engineers working in all the Government departments have been revised w.e.f. 1.1.1992 and this revision does not give any right to the petitioners to claim the benefits w.e.f. 1.1.1986. It was also submitted that on 22.2.1993 Civil Writ Petition No. 12483 of 1990 had been dismissed by this Court and therefore there was no ground for granting relief to the petitioners. On merits, the averments made in the petition including the assertion regarding constitution of High Power Committee were not denied. It was, however, submitted that the Government had taken a conscious decision to make the pay scales applicable w.e.f. 1.1.1992 and in view of the decision rendered in C.W.P. No. 12483 of 1990 no fault can be found with the same. In view of all this, it is submitted that the writ petition be dismissed.