CIVIL WRIT PETITION NO. 10131 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 13, 2008 Parties Name Ram Karan and others ..PETITIONERS VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. Pritam Saini, Advocate, for the petitioners. Mr. Harish Rathee, Sr. D.A.G., Haryana; JASBIR SINGH, J. (oral) Order. By filing this writ petition, petitioners pray that a writ of mandamus be issued directing the respondents to grant them pay scale of Rs. 1200 – 2040 w.e.f. May, 1990 (subsequently revised to Rs. 4000-6000 w.e.f. February 1, 1996). As per admitted facts, petitioner No. 1 was taken in service on July 2, 1985, as a daily wager. His service was terminated on May 25, 1989. He went to the Labour Court and vide judgment dated December 2, 1998, he was ordered to be reinstated with continuity of service and back wages. After his re-instatment in service, he was promoted as a semi-skilled worker and thereafter as skilled staff. Petitioners No. 2 and 4 were appointed as Helpers on daily wages on August 19, 1993 and July 18, 1994, CIVIL WRIT PETITION NO. 10131 OF 2007 -2- respectively. They were not appointed through the Employment Exchange. Their services were regularised w.e.f. October 1, 2003. Petitioner No. 3 was also taken in service as Helper. His service was regularised w.e.f. February 1, 1996. It is apparent from the records that vide instructions dated August 23, 1990, the State of Haryana revised pay scale of the technical posts and against entry No. 40 in Annexure A of the above said instructions , it was mentioned as under: “ Sr. Name of the Post Existing pay scale Modified scale of No . as on 1.1.86 pay w.e.f. 1.5.90 40.General Recommendations 750-940 1200 -2040” regarding technical posts in 775-1025 various departments for 800-1150 which minimum educational 950-1400 qualification prescribed is 950-1500 Matric with ITI Certificate/ Polytechnic. It was further provided that the above said pay scale shall take effect from May 1, 1990. It is an admitted fact that when the petitioners were taken in service, minimum qualification for the post of Helper was only that the candidate can read and write Hindi. For the above said post , at the relevant time, requirement of Matric with ITI certificate was not a requisite qualification. Above said qualification was introduced for the post of Helper (Technical) vide Rules known as Haryana Transport Department, Haryana Roadways (Group D) Service Rules, 1998 (for short the Rules). In response to notice, issued by this Court, reply has been filed, wherein it has been stated that the higher pay scale, as claimed by the petitioners, was available only to those employees, who were working against the post, for which Matric with ITI certificate was the necessary CIVIL WRIT PETITION NO. 10131 OF 2007 -3- qualification when they entered service of the State. It has further been stated that when the petitioners joined service with the respondents, requisite qualification for the post of Helper was only that he can read and write Hindi language. It was further stated that merely because the petitioners were having to their credit qualification of Matric with ITI certificate, when they were appointed, is no ground to grant them higher pay scale as claimed in this writ petition. Counsel for the parties heard. To claim above said relief, besides placing reliance upon letter dated July 26, 1991 (P5) counsel for the petitioner has sought support from judgments of this Court, placed on record as Annexures P-7 and P-9. So far as order dated December 1, 1993 (P-7) is concerned, it is not clear as to whether the petitioners therein were appointed on the basis of their having qualification of Matric with ITI or not. Similarly in judgment dated September 17, 2002 (P-9), it was not in dispute that the petitioners therein were appointed on the basis of their possessing qualification of Matric with ITI certificate. So far as the present case is concerned, there is nothing on record to show that the petitioners were taken in service by taking note of their qualification of Matric with ITI certificate. At the time when they entered service with the respondents, requisite qualification for the post of Helper was only that the candidate can read and write Hindi language. In view of facts, mentioned above, no benefit of the judgments, referred to above, can be extended to the petitioners. Similar controversy came up before this Court in CWP No. 241 of 2007 (Jagdish v. State of Haryana and others), decided on March 20, CIVIL WRIT PETITION NO. 10131 OF 2007 -4- 2008, wherein after considering similar facts, it was observed thus: “The primary reliance of counsel for the petitioner, to claim above said relief is on instructions dated July 26, 1991. Reading of extract, as reproduced above, clearly indicates that the revised grade was made available to those technical posts, for which, at the time of entry in service minimum educational qualification prescribed was Matric with ITI. Petitioner was taken in service as a Technical Mate. For that post, qualification prescribed is only Middle pass. As such, the petitioner is not entitled to get benefit of above said instructions, vide which benefit of higher pay scale was given only to those technical posts, where, as per rules, for entry in service, minimum qualification of Matric and ITI is prescribed. After observing, as mentioned above, similar relief, claimed by the petitioners therein, was declined. Merely because, by relying upon instructions Annexure P-5, benefit was wrongly extended to some other employees of the department, it does not make out a case for issuance of directions at the instance of the petitioners. No case is made out for interference. Dismissed. ( Jasbir Singh ) Judge ( K. C. Puri ) May 13, 2008. Judge DKC