IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.7255 of 2007 (O&M) Date of Decision: 3.8.2010 Narinder Kumar. ....... 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 for Shri Arun Walia, 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. C.M.No.9903 of 2010 The application is allowed and the written statement along with its annexures is taken on record. C.W.P.No.7255 of 2007 In this petition under Articles 226/227 of the Constitution of India, the petitioner has prayed for directing the respondents to decide the legal notice dated 5.3.2007 (Annexure P3) served by him with regard to grant of pay scale of Rs.950-1500 instead of the scale of Rs.750-940 with C.W.P.No.7255 of 2007 (O&M) -2- .... effect from 3.8.1993, i.e., the date from which his services were regularised as Electrician. In the alternative, he has sought a direction to the respondents to fix his pay in the aforementioned scale of Rs.950-1500 and make payment of arrears to him with all consequential benefits and ancillary reliefs. It has been averred by the petitioner that he was initially appointed as Electrician with effect from 2.12.1986 which appointment was on daily wages basis, but his services were regularised w.e.f. 3.8.1993 on the post of Electrician (Helper) in the pay scale of Rs.750-940, whereas he was entitled to be regularised as Electrician in the pay scale of Rs.950-1500. It has further been averred that he was a matriculate with I.T.I. Certificate and his services ought to have been regularised on the post of Electrician which is a Class-III post instead of Electrician (Helper) and that the scale of pay prescribed for that post ought to have been granted to him. He has averred that the representation 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 disputed the fact that the petitioner was working as Electrician on daily wages with effect from 2.12.1986. They have averred that in fact, the petitioner was appointed as Electrician (Helper) and his services were regularised on that post with C.W.P.No.7255 of 2007 (O&M) -3- .... effect from 3.8.1993 and he was granted the pay scale admissible to that post as per the instructions of the State Government. It has further been averred that subsequently, the petitioner was promoted to the post of Electrician Grade-II with effect from 15.10.2000 and was granted the pay scale of that post. They have also annexed a copy of the reply sent by them to the legal notice served by the petitioner as well as other documents to show that he was working as Electrician(Helper) on daily wages before his services were regularised. It has, thus, been urged that the petitioner cannot be granted the pay scale of Rs.950-1500 with effect from 3.8.1993 when his services were regularises on the post of Electrician (Helper). I have heard the learned counsel for the parties and have perused the material on record. The petitioner claims that he is matriculate with I.T.I. Certificate. However, no document has been placed on record to indicate such qualifications being possessed by him. The respondents have placed on record Annexure R2 with their written statement which belies the case of the petitioner totally. This is a copy of muster roll. It indicates that the petitioner was an Electrician (Helper) and his services were regularised as such with effect from 3.8.1993. The respondents have also stated that the petitioner has since been promoted as Electrician Grade-II with effect from 15.10.2000 and the pay scale admissible to that post has been granted to him. The case of the respondents is specific with no denial from the petitioner that he was initially appointed on the post of Electrician (Helper) C.W.P.No.7255 of 2007 (O&M) -4- .... which is a Group-D post on daily wages and his services were regularised on that post with effect from 3.8.1993. There is no material on record to show that he possessed the qualification of matriculation with I.T.I. Certificate which is the requisite qualification for Group-C service in which the post of Electrician falls and consequently the denial of the claim of the petitioner can neither be termed to be illegal nor arbitrary. 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 petitioner was appointed as Electrician (Helper) on daily wages and subsequently, his services were regularised on that post 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