CWP No. 13352 of 1991 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.13352 of 1991 Date of decision 31.3.2011 Babu Ram and others ... Petitioners Versus State of Haryana and another ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR Present: None for the petitioner Mr. Aman Chaudhary, Addl. AG Hy. for the respondents 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. 1 In this petition filed under Article 226 of the Constitution the prayer made by the petitioners is for issuance of direction to the respondents for grant of revised pay scale to them w.e.f. 1.4.1979 instead of 1.4.1982 on the recommendations of 3rd Pay Commission. 2 Brief facts of the case are that the petitioners were appointed prior to 1.4.1982 on different dates on work charged basis in different Divisions of the respondent department. While working on their respective posts on workcharged basis the services of the petitioners have been regularised by the respondent in view of the policy decisions dated 25.11.1983(P.2) and 24.3.1987 (P.3). Vide policy decision dated 25.11.1983 the services of all those work charged employees were regularised who had completed four years continuous service as on 31.12.1981 and vide policy decision dated 24.3.1987 services of those work charged employees were regularised who had completed four years or more continuous service as on CWP No. 13352 of 1991 2 31.12.1986. Therefore, the services of the petitioners stood regularised under one or the other aforesaid two policies. On the recommendations of the 3rd Pay Commission the pay scale of the employees were revised w.e.f. 1.4.1979 under the Haryana Civil Services (Revised Scale of Pay) Rules, 1980 (for brevity 'the Rules') . However, the workcharged employees were denied the benefit of revised pay scales on the pretext that the the Rules were applicable only qua regular employees. However, after some agitation the State Government agreed to grant revised scales to the work charged employees like petitioners w.e.f. 1.4.1982 instead of 1.4.1979. 3 None has put in appearance on behalf of the petitioners at the time of regular hearing. 4. I have heard the learned State Counsel and perused the averments made in the writ petition and am of the view that the matter is no longer res-integra as the similar proposition of law relating to the same department came up for consideration before this Court in The All Haryana PWD Mechanical Karamchari Union Regd. and others v. State of Haryana and others (CWP No. 6044 of 1985 decided on 2.6.1989). The aforesaid petition was allowed and the concluding para of the judgement reads as under: “ In view of the foregoing discussion, I am of the view that the workcharged employees are also entitled to the grant of revised pay scales from 1979 i.e. from the date the recommendations of the Pay Commission were accepted by the Government. This petition is allowed in the terms stated above. However, there will be no order as to costs.” 5. Learned State counsel could not dispute the aforesaid proposition of CWP No. 13352 of 1991 3 law or cite any law or rule which may persuade this Court to take a contrary view. 6. In view of the above enunciation of law, the instant petition is allowed in the same terms as in the case The All Haryana PWD Mechanical Karamchari Union Regd. (supra). (M.M.Kumar) 31.3.2011 Judge okg