CWP No.5729 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5729 of 1992 Date of decision: 09.02.2010 Teka and others ............Petitioner Versus State of Haryana and others ..........Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. R. K. Malik, Sr. Advocate with Mr. Surya Partap Singh, Advocate for the petitioners. Mr. Paramjit Singh Batta, Addl. A.G., Haryana. ALOK SINGH, J. 1. In the present petition, petitioners are seeking direction in terms of the judgment dated 2.6.1989 passed by this Court in Civil Writ Petition No.6044 of 1985. 2. The main case of the petitioners is that employees who had approached this Court by way of filing CWP No.6044 of 1985 were granted benefit of the order dated 2.6.1989 passed by this Court, in which this Court has observed that CWP No.5729 of 1992 -2- Work Charge employees were also entitled for revised pay scales from 1979 i.e. from the date the recommendations of Pay Commission were accepted by the Government. 3. I have heard learned Counsel for the parties and perused the record. 4. Mr. R. K. Malik, Sr. Advocate assisted by Mr. Surya Partap Singh, Advocate stated that petitioners are also Work- Charge employees. Since they were not parties in earlier writ petition bearing CWP No.6044 of 1985, hence, they were not granted benefit of the judgment of this Court dated 2.6.1989 passed in that writ petition. He further argued that benefit of the judgment dated 2.6.1989 passed by this Court in that writ petition should also be extended to the present petitioners. He further argued that another Civil Writ Petition No.6444 of 1991 was also filed by another set of the Work Charge employees and that civil writ petition was also disposed of by the Division Bench of this Court vide order dated 23.9.1991 in terms of the order dated 2.6.1989 passed by this Court in CWP No.6044 of 1985. 5. Undisputedly, order passed by this Court in CWP No.6444 of 1991 titled as Rajinder Singh and others vs. State of Haryana and others was challenged before the Hon'ble Apex Court in SLP No.1912-13/92. The said SLP was also dismissed by the Hon'ble Apex Court vide order dated 6.9.1993. 6. Undisputedly, some of the Work Charge employees are getting benefit of revised pay scales w.e.f. 1979 i.e. from the CWP No.5729 of 1992 -3- date the recommendations of Pay Commission were accepted by the Government while petitioners, who are also Work Charge employees are not being granted the same benefit. It is the violation of the Article 14 of the Constitution of India and there can be no discrimination between one class and one set of employees. 7. In view of the above, the present writ petition is disposed of in view of the judgments passed by this Court in CWP No.6044 of 1985 dated 2.6.1989 and in CWP No.6444 of 1991 dated 23.9.1991 with no order as to costs. Arrears shall be released to the petitioners at the earliest, in any case, within six months from the date of production of a certified copy of this order. ( ALOK SINGH ) JUDGE 09.02.2010 ashish