CWP No. 3274 of 1989 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3274 of 1989 Date of Decision: 9.7.2008 Des Raj Sharma and others ......Petitioners Versus Haryana Financial Corporation and another .....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA Present: None for the parties. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The petitioners, who are working as Managers and Assistant Managers in the Haryana Financial Corporation, have invoked the writ jurisdiction of this Court, claiming special pay as allowed by the Haryana Government to its employees with effect from 1.4.1979. It has been averred in the petition that vide result (Annexure P.1), the Board of Directors of Haryana Financial Corporation has resolved to provide same scales of pay for the post of Accountant and Assistant Account, which are provided by the Haryana Government to the Superintendents and the Assistant Section Officers, respectively. Subsequently, the posts of Accountant and Assistant Account were designated as Manager and Assistant Manager in the Corporation and, therefore, the revision of pay provided by the State of Haryana vide notification CWP No. 3274 of 1989 (2) dated 29.2.1980, while promulgating Haryana Civil Services (Revised Scales of Pay) Rules, 1980, entitles the petitioners to the same pay scale as has been allowed by the State of Haryana to its employees. It is further pointed out that a Sub Committee of Directors was constituted by the Board of the respondent- Corporation in its meeting held on 22.12.1980 for recommending the revised pay scale for the employees of the Corporation. The Board of Directors in its meeting dated 6.2.1981 (Annexure P.2), revised the pay scales of the different categories of employees. It is pointed out that though the Personal Assistant to the Managing Director of the Corporation has been given special pay on the pattern of the State Government, but the petitioners have not been granted any special pay. Subsequently, the special pay has been granted to the Drivers; Personal Assistants and the Typists, but the same has not been allowed to the Managers and Assistant Managers, though they are at par with the Superintendents and Deputy Superintendents working in the Civil Secretariat. Subsequently, vide circular dated 11.1.1988, the State Government has decided to revise existing rates of special pay, wherever admissible before 1.1.1986. Said decision was made effective from 1.1.1986, but still no special pay was allowed to the Managers and Assistant Managers. Another representation was submitted by the petitioners, but the claim of the petitioners for such special pay was not placed before the Board of Directors and hence, the petitioners invoked the writ jurisdiction of this Court. In reply, it has been pointed out that the Corporation is a autonomous body created under the Statute and therefore, has a distinct entity. It is contended that it is not bound by the decision of the State Government, while revising the pay scales of its employees nor it is under an obligation to pay the pay in unison CWP No. 3274 of 1989 (3) with the State Government. It is the prerogative of the Corporation whether or not special pay is to be given to its employees and if it is to be given, to which categories of employees. Still further, the petitioners are not entitled to any special pay as they are not performing any special duties. It is pointed out that the decision of the Board of Directors dated 6.2.1981 (Annexure P.2), is silent about the grant of special pay to its employees. Subsequently, though the scales of pay were revised by the Respondent- Corporation for its employees in consonance with pay scales granted to its employees by the State of Haryana, but the Corporation is under no obligation to grant special pay to the petitioners. It has further been pleaded that since the question of revision of pay scale has been settled vide resolution (Annexure P.1), the representation was not required to be placed before the Board of Directors as the claim of the petitioners is frivolous. After going through the pleadings, I am of the opinion that the present petition is without any merit. The petitioners are claiming special pay at par with the employees of the State Government, who have been granted such special pay. The Haryana Financial Corporation is a body incorporated under the State Financial Corporation Act, 1951. The Corporation is a separate juristic entity. The affairs of the respondent-Corporation are administered by the Board of Directors. The pay scales as are admissible to the employees of the State of Haryana are being adopted by the Board of Directors, but that does not necessarily mean that special pay, if any, granted by the State Government to its employees, is granted to the petitioners as well. The functional requirements and responsibilities, degree of reliability and confidentiality etc. pertaining to the duties of the petitioners as compared to their counterparts in the Civil Secretariat are CWP No. 3274 of 1989 (4) different. The petitioners cannot claim the pay scales as have been granted to the employees of the State Government. It is an administrative decision taken by the Board of Directors keeping in view the nature of the duties and the work performed as to which pay and allowance is to be granted to its employees. In view of the said fact, it cannot be said that the Corporation is under any legal obligation to pay special pay to its employees at par with the employees of the State Government. In view of the above, I do not find that any inference is called for in the present writ petition petition. Hence, the present writ petition is dismissed. (HEMANT GUPTA) JUDGE 09-07-2008 ds