CWP No.9489 of 2010 etc. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 21.5. 2010 1.CWP No.9489 of 2010 Balbir Singh Chahal & Anr. ...Petitioners VERSUS State of Haryana & Others …Respondents 2.CWP No.9539 of 2010 Hari Chand & Ors. ...Petitioners VERSUS State of Haryana & Others …Respondents 3.CWP No.9540 of 2010 Jai Narain & Ors. ...Petitioners VERSUS State of Haryana & Others …Respondents 4.CWP No.9561 of 2010 Kashmiri Lal & Ors. ...Petitioners VERSUS State of Haryana & Others …Respondents 5.CWP No.9565 of 2010 Ramesh Chander & Ors. ...Petitioners VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI CWP No.9489 of 2010 etc. 2 PRESENT: Mr.GP Singh, Advocate for the petitioners Mr.RKS Brar, Addl.A.G., Haryana Permod Kohli, J. (Oral) Notice of motion. Mr.RKS Brar, Addl.A.G., Haryana who is present in Court has been asked to accept notice on behalf of State-respondents. This order will dispose of the aforesaid writ petitions since common questions of law and facts are involved in all these writ petitions. In view of the controversy involved and with the consent of learned counsel for the parties, these petitions are disposed of at motion stage today itself. The petitioners were appointed as Work Mistri/Work Supervisor and their services were regularized. Since there was anomalies in the pay scale of various categories of government employees, including the petitioners, the Government had constituted Pay Anomalies Removal Committee in the year 1990 and on recommendations of the Committee the pay scale of Rs.1200-2040 was granted to all those employees who were working on the posts with the qualification of Matric with ITI diploma. The petitioners are non-matriculates with ITI diploma but are working on technical posts. They have been denied the revised pay scale of Rs.1200- 2040 whereas similarly situated persons have been granted the said benefit. I have heard learned counsel for the parties. The petitioners are non- matric, but with ITI. The question whether the non-matric with ITI are entitled to the pay scale of Rs.1200-2040 has been decided by this Court in CWP No.9489 of 2010 etc. 3 CWP No. 18754 of 1991 titled as Gurdev Singh & others vs. State of Haryana and others, wherein following observations have been made:- “ In the light of the aforesaid judgments and in view of the interpretation which can be placed with Item No. 40 of pay revision rules of 1986 the petitioners, if, working on technical posts cannot be deprived of the revised pay scales of Rs. 1200-2040/- either on the ground that they are non-matric or that they are ITI or not or even they are having trade certificate of a different trade. According to the memo No. 6/1988 noticed in Labh Singh's judgement- three years experience in trade was also to be considered as equivalent to ITI. These petitions are, accordingly, allowed. Respondents are directed to release the revised pay scale of Rs. 1200-2040/- to the petitioners who are working on technical posts from the date of revision i.e. 1.5.1990.” In view of the above, the petitioners notwithstanding the fact that they are non-matric are entitled to the pay scale of Rs.1200-2040 w.e.f. 1.5.1990. However, the petitioners shall be entitled to only notional benefits of the aforesaid pay scale and their salary will be fixed at par with the juniors without any monetary benefits of arrears. The petitioners shall be entitled to the pay revision, if any thereafter. Copy of this order be placed on record of each concerned file. (PERMOD KOHLI) JUDGE 21.5.2010 MFK