CWP No. 1188 of 1992 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1188 of 1992 Date of Decision: March 8, 2010 Ramesh Chand and others .....Petitioners Versus State of Haryana and another ......Respondents Coram: Hon'ble Mr. Justice Hemant Gupta. Present: Ms. Abha Rathore, Advocate, for the petitioners. Shri S.S. Patter, DAG, Haryana. HEMANT GUPTA, J. The petitioners have claimed a writ of mandamus directing the respondents to grant the pay scale of Rs.1200-2040/- with effect from 1.5.1990 being matriculate and having ITI diploma. The petitioners are the helpers in the trades of carpenter, motor mechanic, electrician etc. as well as Assistants in the trades of electrician, fitter, turner etc. The assistants are promoted from the category of helpers. Vide circular Annexure P.14 dated 26.7.1991, the State Government recommended modified scale of pay of Rs.1200-2040/- with effect from 1.5.1990 in respect of the technical posts in various departments for which minimum educational qualification prescribed is matriculate with ITI certificate/polytechnic. In respect of the candidates, who are not matriculate, the pay scale prescribed was Rs.950-1400/-. The modified clause reads as under:- CWP No. 1188 of 1992 [2] Sr. No. Name of the Post Existing pay scale as on 1.1.1986 Modified scale of pay w.e.f. 1.5.1990 `40 General recommendations regarding technical posts in various Departments for which minimum educational qualification prescribed is matric with ITI certificate/ polytechnic. 750-940 775-1025 800-1150 950-1400 950-1500 1200-2040 Sr. No. Name of the Post Existing pay scale as on 1.1.1986 Modified scale of pay w.e.f. 1.5.1990 `40 General recommendations regarding technical posts in various Departments for which minimum educational qualification prescribed is matric with ITI certificate/ diploma from polytechnic without insistence of matric. 750-940 775-1025 800-1150 950-1500 950-1400 The petitioners claim that since they are matriculate and also possess ITI diploma, therefore, in terms of the aforesaid circular, they are entitled to be granted pay scale of Rs.1200- 2040/- with effect from 1.5.1990. However, a circular was issued on 5.7.1991 to the effect that the pay scale of Rs.1200-2040/- is admissible to the technical post only where the minimum prescribed qualification is matriculate with ITI certificate/polytechnic. The petitioners were not granted the benefit of the said pay scale for the reason that in the Service Rules, the prescribed qualification is not matriculate with ITI diploma. In the written statement dated 1.9.1992, reliance was placed upon circular dated 20.8.1992 (Annexure R.1) that the department has not prescribed educational qualification as matriculate with the ITI certificate for unskilled, semi-skilled or skilled posts and that the post of helper is a technical post. Therefore, there is no decision to grant revised scale of Rs.1200- CWP No. 1188 of 1992 [3] 2040/- or Rs.950-1400/- to any of the helpers. Subsequently, the petitioners amended the writ petition and produced number of documents to show that requisition has been made from employment exchange from time to time and that the circulars issued by the some of the General Managers of Haryana Roadways show that the candidates who are matriculate and ITI qualified were only appointed as the helpers. In the amended written statement, it was pointed out that since the creation of the State of Haryana in 1966 till 1995, there were no Rules governing the service conditions of Class-III and IV employees in transport department of Haryana. Their conditions of service were governed by various circulars issued by the Transport Commissioner, from time to time. All present employees in Class III and Class IV were appointed prior to the Rules came into force in the year 1995 and 1998. It is also pointed out that the workshop staff of Haryana Roadways comprises three levels of employees i.e. unskilled, semi skilled and skilled. The first level is of unskilled category comprising helpers, cleaners etc. The second category is of Assistant Fitter, Assistant Electrician, Assistant Carpenter, Assistant Turner etc. The third level consists of fitter, mechanic, welder, turner etc. The appointment of Class IV employees in the Transport Department has always been made locally by the concerned General Managers from open market i.e. through employment exchange or through advertisement or by any informal selection process. Reference is made to one of the circulars wherein qualification for the post of helper was not prescribed. Therefore, it was sought to be canvassed that the petitioners are not entitled to pay scale of Rs.1200-2040/-. A perusal of the averments made in the writ petition and CWP No. 1188 of 1992 [4] the written statement would show that the helpers were appointed from time to time by the General Managers of the Haryana Roadways before the framing of the Rules in the years 1995 and 1998. Some of the General Managers have prescribed the qualification as that of matric and ITI, whereas few others did not prescribe such condition. The circular dated 23.8.1990 as modified subsequently on 26.7.1991 is a general recommendation regarding all technical posts in various departments for which minimum educational qualification prescribed is matriculate with ITI certificate/diploma from polytechnic. It may be noticed that in the amended writ petition, the petitioners relied upon the order dated 17.9.2002 (Annexure P.26) passed by the Division Bench of this Court in CWP No. 2032 of 2006 (Attar Singh and others v. State of Haryana and another), directing the respondents to fix the pay of the petitioners therein in the pay scale of Rs.1200-2040/- with effect from 1.5.1990. The petitioners in the aforesaid case were helpers in the Haryana Roadways. This Court held that matriculate and ITI certificate/diploma holders would be entitled to the revised pay scale of Rs.1200-2040/- as they were appointed on the basis of such qualification circulated by the General Manager. The relevant extracts from the said judgment read as under:- “After hearing the learned counsel for the parties and having given our thoughtful consideration to the entire controversy, we find that the present petition deserves to succeed. It is not in dispute that the petitioners did possess the qualification of matriculation with ITI certificates and it was only on the basis of the aforesaid qualifications that they were actually appointed in the workshop run by the Haryana Roadways. The judgment of the Division Bench in Ram CWP No. 1188 of 1992 [5] Kishan's case (supra) wherein a direction had been issued to the State of Haryana to refix the pay of the petitioners according to their qualification the matriculation with ITI certificates supports the contention raised by the petitioners. Subsequently, a Single Bench judgment of this Court in Labh Singh and others v. State of Haryana and others, 1995(1) Recent Services Judgments 345 followed the directions issued in Ram Kishan's case (supra).” In CWP No. 7928 of 1993 -Ram Kishan and others v. State of Haryana and others referred to in the above order, this Court held as under:- “After hearing the learned counsel for the parties, we are satisfied that all the petitioners are matriculate and have also qualified I.T.I. Certificates. On the basis of these academic and technical qualifications, the petitioners are entitled to the pay scale of Rs.1200- 2040/- with effect from 1.5.1990 i.e. the date from which the other persons similarly situated are being paid. Accordingly, the petition stands allowed. The respondents are directed to refix the pay of the petitioners within a period of three months.” The Special Leave to Appeal against the judgment in Ram Kishan's case (supra) was dismissed on 15.3.1996 whereas Civil Appeal No. 7154 of 2005 against the judgment in Attar Singh's case (supra), was dismissed on 31.7.2007 along with bunch of other appeals, when the following order was passed:- “The impugned order of the High Court assailed in this appeal was based on the decision of the Division Bench of the High Court in the case of Ram Kishan & three Ors. v. State of Haryana in CWP No. 7928/1993 decided on 1st December, 1993. Against the said decision, the State preferred an SLP. The SLP of the State was dismissed by this Court on 15.3.1996. The High Court also relied on the decision in the case of CWP No. 1188 of 1992 [6] one Labh Singh. Still worse, no appeal has been preferred before this Court. It has attained finality. Since the SLP against Ram Kishan's case has been dismissed by this Court on the basis of which the present impugned order has been passed, we see no reason to interfere. The appeals, being devoid of merit, are, accordingly, dismissed.” Thus, the issue raised in the present writ petition is concluded in favour of the present petitioners, in terms of the decisions mentioned above. In the amended writ petition, the petitioners have claimed interest on the arrears of salary. Since there was a dispute regarding entitlement of the petitioners of the pay scale of Rs.1200- 2040/- and the fact that the Service Rules were not in force at the time of appointment of the petitioners, therefore, the entitlement to such pay scale was a debatable issue. Thus, I do not find that it is a case for grant of interest on the arrears of salary. Consequently, the present writ petition is allowed. The petitioners are held entitled to the pay scale of Rs.1200-2040/- with effect from 1.5.1990. The arrears be paid to the petitioners within a period of three months from the date of receipt of a certified copy of the order. (HEMANT GUPTA) JUDGE March 8, 2010 ds