-1- CWP No.12867 of 1997 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.12867 of 1997 (O&M) Date of decision: 04.12.2009 Waryam Singh ..... Petitioner VERSUS State of Haryana and others .... Respondents CORAM:HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr.J.S.Maanipur, Advocate for the applicant-petitioner. Mr.R.S.Kundu, Adll.A.G., Haryana, for respondents. *** PERMOD KOHLI, J. (Oral) Petitioner was appointed as a Helper vide order dated 31.12.1990 in the pay scale of Rs.750-12-870-EB-14-940. He was promoted as Assistant Fitter on 13.09.1995 in the pay scale of Rs.950-1400. The claim of the petitioner is that on the basis of his qualification as Matric with ITI, he was entitled to pay scale of Rs.1200-2040 in terms of the Haryana Government Notification No.23/3/PR(FD)-88 dated 23.08.1990. Similarly situated persons filed writ petitions for the higher pay scale and said writ petitions were allowed by this Court. The claim of the petitioner was rejected by respondent No.3 on the ground that Helper is not a technical post. The petitioner filed this petition seeking quashment of the rejection of demand notice letter dated 23.06.1997 refusing to grant pay scale of Rs.1200-2040. Even though the respondents have filed reply, disputing claim of the petitioner, however, it is agreed by learned counsel for the parties that the controversy involved in the present case has been settled by a judgment -2- CWP No.12867 of 1997 (O&M) of this Court dated 17.09.2002 passed in CWP No.2032 of 2000. The aforesaid judgment was again followed in CWP No.9510 of 1994, decided on 22.12.2008. In the aforesaid petition, following direction was issued: - In this view of the matter, the writ petition is allowed and the order dated 20.08.1992, Annexure P-3 is hereby quashed. The respondents are directed to re-fix the pay of the petitioners, is 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 07.02.1994 i.e. the date when they served the representation upon the respondents claiming the aforesaid modified pay scales. The present petition is allowed in terms of the aforesaid judgment. Petitioner shall also be entitled to relief on the same analogy. 04.12.2009 (PERMOD KOHLI) shamsher JUDGE