IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.12889 of 2006 Date of Decision: 3.8.2010 Daya Ram ....... Petitioner through Shri Johan Kumar, Advocate for Shri Vikram Singh, Advocate. Versus The Haryana Urban Development Authority and others. ....... Respondents through Shri Dinesh Nagar, Advocate CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? .... Mahesh Grover,J. In this petition under Articles 226/227 of the Constitution of India, the petitioner has prayed for directing the respondents to grant him the pay scale of Rs.950-1500 instead of the scale of Rs.750-940 with effect from 9.1.1995, i.e., the date from which his services were regularised as Fitter (Helper). It has been averred by the petitioner that he was initially appointed to work as Fitter with effect from 1.11.1985 which appointment was on daily wages basis, but his services were regularised w.e.f. 3.8.1993 on the post of Fitter (Helper) in the pay scale of Rs.750-940, whereas he was entitled to be regularised as Fitter in the pay scale of Rs.950-1500. He C.W.P.No.12889 of 2006 -2- .... has averred that the representations as well as legal notice served by him did not yield any result and, therefore, he was constrained to file the instant petition. To support his claim, he has placed reliance on a judgment of this Court in C.W.P.No.811 of 1996 decided on 25.9.1996 which related to regularisation of services of the petitioners therein as Water Pump Operator (Helper) and grant of pay scale to them which was admissible to Water Pump Operators. In their written statement, the respondents have averred that the services of the the petitioner, who did not fulfil the qualification of Matriculation with Course of Industrial Training, were regularised on the post of Fitter (Helper) and was granted the pay scale admissible to that post as per the instructions of the State Government. It has further been averred that although the legal notice was received, but since he did not fulfil the requisite qualification, his case could not be considered for grant of pay scale of a Class-III post. I have heard the learned counsel for the parties and have perused the material on record. The petitioner has not placed on record any document either to show that he was appointed as Fitter or to indicate that he was having qualification of Matriculation with a Certificate from Industrial Training Institute. On the other hand, the case of the respondents is specific with no denial from the petitioner that he did not possess the requisite qualification. C.W.P.No.12889 of 2006 -3- .... Therefore, no fault can be found with the decision of the respondents not to grant the pay scale of the post of Fitter which is a Class- III post. The judgment of this Court in C.W.P.No.811 of 1996 on which reliance has been placed by the petitioner to claim the desired relief does not help him in any way. In that case, it was found that the petitioners were allowed to discharge the duties of the post of Water Pump Operator, but their services were regularised on the post of Water Pump Operator (Helper), but in the present case, the services of the petitioner were regularised on the post of Fitter (Helper) in the absence of requisite qualifications with which no fault can be found. Accordingly, the instant petition is held to be without any merit and is dismissed. August 3,2010 ( Mahesh Grover ) “SCM” Judge