IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6229 of 1992 DATE OF DECISION: September 27, 2011 Daljit Singh & others .....Petitioners VERSUS The Haryana Financial Corporation ....Respondent 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: None . **** RANJIT SINGH, J. The petitioners are working as Drivers with the respondent/Corporation. They have approached this Court seeking writ of mandamus directing the respondents to grant special pay to them in accordance with the Haryana Government Policy decision dated 11.1.1988, which is annexed with the petition as Annexure P-2. The petitioners were appointed as Car Drivers on different dates between 1975 to 1984. Being aggrieved against the action of the respondents in not granting them special pay at the same rate as allowed by the State of Haryana, they have filed this writ petition. It is averred that the pay scales of the employees of respondent-Corporation were revised from 1.1.1986. The matter regarding special pay of the Drivers was kept pending. The special pay granted prior to 1.1.1986 was frozen to the extent of the amount Civil Writ Petition No.6229 of 1992 -2- the employees had drawn upto March, 1987. At that time, the petitioners were drawing a special pay of `150/- per month. Finally, the Finance Department of the State Government decided that the existing rate of special pay where-ever admissible before 1st January, 1986 be doubled w.e.f.1.1.1986, subject to the ceiling of `500/ per month. The petitioners, accordingly, represented to the respondent-Corporation to grant them special pay as per the decision of the State Government. The respondent-Corporation decided to refer the matter to the Standing Committee of Public Enterprises, constituted by the Government of Haryana for advice. The matter was accordingly placed before the Standing Committee. The said Standing Committee in its meeting held on 5.2.1992, advised the Corporation to act in accordance with the instructions issued by the Finance Department of the State of Haryana. Instead of granting special pay according to the recommendation of the Standing Committee, the respondent-Corporation granted the special pay at the rate of `200/- per month. The grievance of the petitioners is that the Corporation instead of granting special pay of 300/- per month has allowed only special pay of `200/-, which is arbitrary, illegal and unjust. They, accordingly, have approached this Court through the present writ petition. In the reply filed, it is stated that the Haryana Government had revised the pay scales from 29.4.1987. The case for pay revision in respect of the employees of the Corporation was also taken up and the pay of the Drivers was revised to `1200-2040 and Civil Writ Petition No.6229 of 1992 -3- as on 31.12.1985. At that time, the Drivers working in the Corporation were drawing special pay of `150/- per month. The matter regarding the revision of pay scales, upgradation of posts etc. was of-course required to get approval from the Finance Department. The Government approved the revision of the pay scales of the employees of the Corporation, but the special pay of `150/- as was being drawn by the Drivers of the Corporation prior to 31.12.1985 was reduced to `100/- by the State Government. On representations made by the Drivers of the Corporation, the matter was again taken up with the State Government from time to time. The matter was then placed before the Standing Committee for approving the grant of special pay to Drivers of `300/- per month i.e. at double rate of `150/- per month w.e.f. 1.1.1986. The Standing Committee of Haryana Bureau of Public Enterprises in its meeting held on 15.1.1992 disapproved the proposal to grant special pay of `300/- per month to the Drivers of the Corporation. Accordingly, the special pay of `200/- per month was allowed i.e. double of `100/- approved earlier by the State Government. The petitioners have claimed a parity for grant of special pay only on the ground that same pay has been allowed to the Haryana Government employees. The petitioners are working in the Corporation. The pay scales earlier allowed to them or the special pay may have been allowed to them earlier at par with the State Government employees, but that alone would not be sufficient reason to equate the special pay with the Haryana Government employees. The issue was placed before the Standing Committee Civil Writ Petition No.6229 of 1992 -4- and thereafter, the Corporation has taken a decision. The petitioners have not pleaded as to how they are performing the same and identical function as that of the State Government employees. The Hon'ble Supreme Court in Kshetriya Kisan Gramin Bank Vs. D.B. Sharma and others, AIR 2001 Supreme Court 168, State of West Bengal & Another Vs. West Bengal Minimum Wages Inspectors Association & others JT 2010 (3) SC 148 and S.C. Chandra and others Vs. State of Jharkhand and others, AIR 2007 SC 3021, has held that it is not the duty of the Court to equate the posts and that the responsibility in this regard has to be left to the department or the expert body. There is no merit in the writ petition. The same is, accordingly, dismissed. September 27, 2011 ( RANJIT SINGH ) monika JUDGE