CWP No.19636 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 17.3.2010 Sahib Singh ...Petitioner VERSUS The State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Deepak Sonak, Advocate for the petitioner Mr.RKS Brar, Addl.A.G., Haryana Permod Kohli, J. (Oral) In view of the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage. The petitioner was appointed to the post of Mali cum Chowkidar on daily wage basis w.e.f. 1.9.1989 and thereafter, he was assigned the duty of Asstt. Pump Operator in the year 1994. The services of the petitioner were regularized w.e.f. 1.2.1996 to the post of Asst. Pump Operator. The petitioner after getting permission from the department acquired the qualification of ITI in the year 2002. Vide letter dated 26.7.1991, the State of Haryana revised the pay scale of those employees who were having the qualification of matric with ITI. The employees having qualification of CWP No.19636 of 2009 2 matric with ITI were granted the revised pay scale of Rs.1200-2040 w.e.f. 1.5.1990. Their pay scales were further revised to Rs.4000-6000. The petitioner made a request for grant of the revised pay scale to the respondents but the same has been rejected vide order dated 11.6.2009 (Annexure P-4) on the ground that the petitioner is on non-technical post. It is the case of the petitioner that number of similarly situated persons have been granted the revised pay scales. I have heard learned counsel for the parties. It is admitted position that the controversy involved in these writ petitions is no more res integra. The issues involved in these writ petitions are covered by a Division Bench judgment of this Court passed in CWP No.2032 of 2000 (Attar Singh and others V. The State of Haryana and another) decided on 17.9.2002 wherein a direction had been issued to the State of Haryana to re-fix the pay of the petitioners as per their qualifications. The aforesaid judgment of the Division Bench was followed by a coordinate Bench of this Court in the case of Shamsher Singh and others vs. State of Haryana and others, CWP No.9510 of 1994 decided on 22.12.2008 wherein following observations/directions have been made:- “After hearing learned counsel for the parties,I find that the present petition deserves to succeed. It is apparent that the petitioners 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 Haryana Roadways. The judgment of a Division Bench in Attar Singh and others v. The State of Haryana and another, CWP No.2032 of CWP No.19636 of 2009 3 2000 decided on 17.9.2002 wherein a direction had been issued to the State of Haryana to re-fix the pay of the petitioners as per their qualifications, has to be followed in the present case. In this view of the matter, the writ petition is allowed and the order dated 20.8.1992, Annexure P-3, is hereby quashed. The respondents are directed to re-fix the pay of the petitioners, as indicated above, within a period of four months from the date a certified copy of this order is received. However, the payment of the arrears to the petitioners, on the aforesaid basis, is restricted to the period of 38 months prior to 7.2.1994 i.e. the date when they served the representation upon the respondents claiming the aforesaid modified pay scales.” In view of the above, this petition is allowed. Impugned order (Annexure P-4) is hereby quashed. The respondents are directed to re-fix the pay of the petitioner, as indicated above, within a period of four months from the date a certified copy of this order is received. (PERMOD KOHLI) JUDGE 17.3.2010 MFK