CIVIL WRIT PETITION NO.4275 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: NOVEMBER 11, 2009 Dharamvir and others .....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Parveen Chauhan, Advocate, for the petitioners. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioners were appointed as Mortar Mate with respondent PWD (B&R) Department on work charge basis on different dates. No condition of any educational qualification was prescribed at the time of their appointment or their regularisation. All the Mortar Mates so appointed were getting the same pay scale irrespective of their educational qualifications. They were granted pay CIVIL WRIT PETITION NO.4275 OF 2009 :{ 2 }: scale of Rs.750-940 w.e.f 1.1.1986. Some of the persons working as Mortar Mates in the Department of the respondent filed Civil Writ Petition Nos.11331 of 1989 and 16062 of 1993. As per the order passed, they were held entitled to the same pay scale at par with Work Munshi/Mortar Mates working in the Public Health Department. Accordingly, Government took a decision on 8.1.2007 to grant the pay scale to Work Mates at par with Work Munshis working in the Public Health Department. They were accordingly granted the pay scales of Rs.940-1400 w.e.f 1.1.1986. On 5.6.2007, Engineer-in- Chief, respondent No.2, addressed a communication to the Superintending Engineer to the effect that non-matric work Munshi/Mortar Mates would not be entitled to the pay scale of Rs.940-1400 and they will continue to get the same pay scale as they were earlier getting. This communication is accordingly challenged through the present writ petition on the ground that it is illegal, arbitrary, unjust and discriminatory. In the reply, the respondents have conceded that the Mortar Mates have been allowed pay at par with those Work Munshis working in the Public Health Department but some of those who were non-matric would not be entitled to the higher pay scale. All those who have subsequently acquired the qualification of matric have been allowed the same pay scale. It is pointed out that those Mortar Mates who do not possess the qualification of matric are not at par with the Work Munshis of the Public Health Department. In fact, a clarification was sought from the Superintending Engineer if the non- matric Mortar Mates could be allowed this scale. The matter was then referred to the Government. The Government has not agreed to CIVIL WRIT PETITION NO.4275 OF 2009 :{ 3 }: allow the revised pay scale to the non-matric Mortar Mates as there are two separate scales in PWD Health Department for Matric and non-matric Work Munshis. Non matric Work Munshis are not entitled to grant of pay scale of Class III employees. Since the petitioners are non-matric, they can not be granted the pay scale at par with Work Munshis in the Public Health Department. They can not be granted that pay scale, which is for matric Work Munshis. Accordingly, the proposal of the Department for allowing this scale to the non-matric Mortar Mates has not been accepted. The reasoning given by the respondents appears well founded. As per the reply, two pay scales are available for Work Munshis in the Public Health Department, out of which one is for matric and other for non-matric employees. Since the pay scale of Mortar Mates working in the PWD, B&R Department has been equated with the Work Munshis working in the Public Health Department, the petitioners, who are Mortar Mates and non- matriculates, can not get scale, which is meant for matriculate Work Munshis working in the Public Health Department even on the basis of equivalence. It is not that the petitioners have been independently held entitled to this scale. They have been given this scale which is available to the Work Munshis in the Public Health Department. Accordingly, they can get the benefits, which are available in Public Health Department. Since the non-matric Work Munshis are not entitled to the scale as sought by the petitioners, non-matric Mortar Mates can not be allowed the scale which is meant for matriculates. The decision of the Government in declining this prayer of the petitioners is, thus, legally valid and can not be otherwise termed to CIVIL WRIT PETITION NO.4275 OF 2009 :{ 4 }: be arbitrary or discriminatory. Reference is made by counsel for the petitioners to Punjab State Electricity Board, Patiala and another Vs. Ravinder Kumar sharma and others, AIR 1987 Supreme Court 367. This judgment is not attracted to the facts of the present case as it was a case of common seniority list of the diploma holders and non-diploma holders and was a case of promotion. Both diploma holders and non-diploma holders were performing the same functions. The facts in the present case are entirely different. Here the petitioners are seeking pay scale on the basis of a person working in a different department and it is not the case that they have sought this pay scale on the ground that they are performing the same or similar functions. Similarly, the case of Gurjit Singh and another Vs. The Registrar, 2002 (1)RSJ 5 was of equal pay for equal work. Some person working in the Department had acquired a higher qualification and it was held that they could not be placed in higher scale while being on the same post. Here the pay scale is being sought by seeking equivalence with some Department where this distinction has already been made. The ratio of the law laid down in this judgment was in different context and, thus, would not apply to the facts of the present case. I, therefore, find no merit in the writ petition and would dismiss the same. November 11, 2009 ( RANJIT SINGH ) khurmi JUDGE