CWP No. 9443 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 9443 of 2010 (O&M) Decided on : 28-04-2011 Rajinder Singh and others ....Petitioners VERSUS State of Haryana and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Girish Agnihotri, Senior Advocate with Mr. Vijay Pal , Advocate for the petitioners. Mr. Harish Rathee, Sr. DAG, Haryana MAHESH GROVER, J The dispute centres around the fact that the posts of Inspector in Industry Department were merged with post of Block Level Extension Officers (Industries) and the nomenclature of Extension Officers (Industries) was conferred by virtue of appendix B to the Rules called as Haryana Industries Department Field (Group C) Service Rules 1998. The said Extension Officers were drawing a pay scale of 5450-8000 whereas the petitioners were conversely discriminated against in regard to these pay scales. The anomaly having pointed out to the respondents they have since rectified the same by virtue of order dated 15.12.2009, the operative part of which is as follows:- “The State Government agrees with the proposal of Director of Industries & Commerce Department to allow pay CWP No. 9443 of 2010 (O&M) 2 scale of Rs.5450-8000 to Inspectors in Industries Department with the condition that it will not be treated as up-gradation and only placement of relevant grade pay will be allowed with effect from 27.7.2006 notionally & actual with effect from issuance of orders.” The grievance of the petitioners is thus limited that once the anomaly has been accepted then the benefit of the removal of the anomaly in the pay scale could not have been granted from the date of the issuance of the order and necessarily has to relate back to the date of the anomaly. On due consideration of the matter, I am of the considered opinion that the matter is no longer res integra. The controversy having been resolved in various judgments of this Court titled as Sh.K.C.Hooda and others versus State of Haryana and others rendered in CWP no. 1380 of 1998 decided on 2.12.1998, Jagdeep Singh, Junior Engineer and others versus State of Haryana and others rendered in CWP no. 15532 of 1994 decided on 13.8.1999 and M.L.Wadhwa and others versus State of Haryana and others rendered in CWP no. 16743 of 2001 decided on 11.4.2008 the instant petition resultantly has to be allowed. Ordered accordingly. In view of the aforesaid, the petitioner shall be entitled to the benefit of pay scale of 5450-8000 with effect from the date of the merger i.e 27.7.2006. The impugned order granting the benefit to the petitioners from the date of the passing of the order is accordingly set aside to that limited extent. The petitioners are held entitled to all consequential benefits. April 28 , 2011 (Mahesh Grover) rekha Judge