CWP No. 11865 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 11865 of 2009 Date of decision 12 .8.2009 Smt. Swaran Lata ... Petitioner Versus State of Haryana and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Pritam Saini ,Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgement ? 2. To be referred to the Reporter or not ? 3. Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The prayer made in the instant petition filed under Article 226 of the Constitution is for quashing of the Haryana Public Works Department, Public Health Branch, Circle Cadre Mechanical (Group D) Service Rules, 1995 (for brevity 'the Rules') (P/9)whereby in Appendix 'A' the scale of pay of Laboratory Attendant has been shown as Rs. 750-12- 870-EB-14-940 being contrary to the Haryana Civil Services (Revised Pay) Rules, 1987 (for brevity 'the 1987 Rules') wherein the pay scale of Laboratory Attendants (Matriculate) has been revised to Rs. 950-20-1150- EB-25-1500. The brief facts of the case are that the petitioner was appointed on the post of Laboratory Attendant on 27.11.2001 in the pay scale of Rs. 2550-3200 in the Public Works Department, Public Health Branch. She has been given appointment on the death of her husband who had died in CWP No. 11865 of 2009 2 harness (P.1). She has claimed that Laboratory Attendant with matriculation qualification has been given the pay scale of Rs.3050-4350 and she is entitled to the aforesaid scale. In that regard reliance has been placed on the 1987 Rules. Referring to 1st schedule of part 'A' under the heading 'E' Misc. the post of Laboratory Attendant is shown to be in the scale of Rs. 950-1500 which has later on been revised to 3050-4350. The petitioner has challenged Appendix 'A' of the Rules whereby the pay scale of the post of Laboratory Attendant in unrevised pay scale has been shown to be Rs. 750-940. The principal ground urged in support of the submission is that Entry 26 dealing with the Laboratory Attendant is liable to be declared ultra vires of 1979 Rules because for the post of Laboratory Attendant (Matriculate) the unrevised pay scale is Rs. 950-1500. We have heard learned counsel at considerable length and are of the view that the instant petition is liable to be dismissed for more than one reasons. Firstly, the framers of the Rules (P.9) were fully aware of the existence of 1987 Rules. The pay scale of the post of Laboratory Attendant has still been adopted in the scale of Rs. 750-940. It has been argued that pay scale of all the Laboratory Attendants in all the departments must be the same. The reason for not achieving such a parity is that every department has different size of staff at the level of Laboratory Attendant and further promotional avenues from the post of Laboratory Attendant. In some departments, the promotion of Laboratory Attendant may be quicker than the others depending upon the size of the cadre and the nature of duties. Therefore, the post alone may not be the basis for grant of equivalent pay scale to all the Laboratory Attendants. There is thus no merit in the petition and the same is liable to be dismissed. CWP No. 11865 of 2009 3 For the reasons recorded above, this petition fails and the same is accordingly dismissed. (M.M.Kumar) Judge (Jaswant Singh) 12.8.2009 Judge okg