CWP No. 3374 of 1990 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3374 of 1990 Date of Decision: November 29, 2010 The Haryana Agriculture Marketing Board (Field Staff) Employees Welfare Association through its Joint Secretary Shri Balwan Singh, Chandigarh. ...... Petitioner Versus State of Haryana and another ..... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. Ankur Soni, Advocate for the petitioner. Mr. Deepak Jindal, DAG, Haryana. Mr. A.S.Tiwetia, Advocate for respondent No.2. **** 1. Whether Reporters of local papers 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? Ajay Tewari, J. This petition has been filed by the Haryana State Agriculture Marketing Board (Field Staff) Employee Welfare Association challenging the action of the respondents in not extending the benefit of special pay to those auction recorders/clerks/caretakers who have been placed in the selection grade even while no such distinction had been made in respect of other categories of employees and for them special pay has been granted not only on the time scale but also in the selection grade. As far as examples of CWP No. 3374 of 1990 2 other categories of employees are concerned, reference is made to assistants and clerks of Haryana Civil Secretariat and Financial Commissioner's office. In the written statement it is pleaded that the benefit of special pay was specifically and consciously withdrawn on the promulgation of new scales and further that there is no parity between field staff and head office staff so as to justify a plea of discrimination. In State of Haryana and another v. Haryana Civil Secretariat Personal Staff Association, (2002)6 SCC 72, the Hon'ble Supreme Court held as follows:- “........Fixation of pay and parity in duties and responsibilities is a complex matter which is for the executive to discharge. ...................................................................................................... The court should avoid giving a declaration granting a particular scale of pay and compelling the Government to implement the same.” In view of the aforesaid decision of the Hon'ble Supreme Court, this petition is dismissed with, however, no order as to costs. (AJAY TEWARI) JUDGE November 29, 2010 sunita