IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 13030 of 2008 Date of Decision: 5.4.2010. Sumesh Kumar --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Vikas Malik, Advocate for the petitioner. Mr. R.K.S. Brar, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) The petitioner was appointed on daily wage basis as Assistant Black Smith on 10.10.1988 in the office of respondent no.4. Later the services of the petitioner were regularized on the basis of a test of daily wagers (technical work) w.e.f. 1.1.1996. The petitioner made a representation for seeking regularization w.e.f. 1.5.1992 when the similarly situated persons were regularized. The petitioner is also a matriculate and holds I.T.I certificate in the trade of Black Smith. Petitioner is claiming the scale of Rs. 1200-2040 w.e.f. 1.5.1992 in view of the Govt. instructions dated 26.7.1991 (Annexure P-3). The petitioner also relies upon the rules namely the Haryana Transport Deptt. (Group-C) Haryana Roadways Service Rules, whereunder the post of Assistant Black smith is defined as a technical post. The State in its reply has, however, opposed the claim of the petitioner for the pay scale of Rs. 1200-2040/- revised to Rs. 4000-6000/- on the plea that the post held by the petitioner is not a technical or skilled but a semi-skilled post. CWP. No. 13030 of 2008 -2- From the perusal of rules/instructions, it is evident that the post in question is technical in nature. Petitioner is holding qualification of matriculation with I.T.I. Certificate in the trade of Black smith. Thus, the petitioner cannot be denied the pay scale of Rs. 1200-2040 w.e.f. 1.5.1992. A similar issue came to be considered by this Court vide order dated 18.1.2010 passed in CWP No. 18754 of 1991 titled as Gurdev Singh & others vs. State of Haryana and others, wherein under similar circumstances the persons working against the technical posts have been granted the benefit of revised pay scale of Rs. 1200-2040. This pay scale has been subsequently revised to Rs. 4,000-6,000/-. Following observations have been made by this Court in the above mentioned case:- “ In the light of the aforesaid judgements and in view of the interpretation which can be placed with Item No. 40 of pay revision rules of 1986 the petitioners, if, working on technical posts cannot be deprived of the revised pay scales of Rs. 1200-2040/- either on the ground that they are non-matric or that they are ITI or not or even they are having trade certificate of a different trade. According to the memo No. 6/1988 noticed in Labh Singh's judgement- three years experience in trade was also to be considered as equivalent to ITI. These petitions are, accordingly, allowed. Respondents are directed to release the revised pay scale of Rs. 1200-2040/- to the petitioners who are working on technical posts from the date of revision i.e. 1.5.1990.” In view of the above, this petition is allowed. Petitioner shall be entitled to the pay scale of Rs. 1200-2040/- as revised from time to time. Let the claim of the petitioner be settled and released within a period of four months from the date certified copy of this order is served upon the competent authority. However, the payment of arrears shall be restricted to 38 months. (PERMOD KOHLI) JUDGE 5.4.2010. lucky