247 0 CWR Nol5806 of2009 1 e INTHE FUGH COURT OF PUNJAB 8 HARYA AT CHANDIGARH 1 CWP No 15806of2009 DATEOFDECISION 2 3 e 2 2 0 1 1 IqbalSinghand others PETITIONERS l 0 VERSUS 0 I State andothers RESPONDENTS 0 I Z CORAM HONBLE MRJUSTICE MAHESH GROVER 2 I Presentl ShriPuneetBali Advocatefor thepetitioners C Z ShriHarishRatheeSeniorDAG CO W2 Z MAHESH GROVER J The petitioners byvirtueof thepresentwrit petitionhaveprayedfor quashingthe impugnedordersdated 276006 and 2922006 attachedas AnnexuresP12 and P43 andhavealsoprayedthattheybe granted promotion in accordancewith thePunjabPolice Rules or lll the alternativebe granted the same payscaleaS lS beinggivento the personsworkingin the other 1 Civil ofthe Govemment Theycontendthatthey to the advertisementissuedbythe in the year 1989aimedat ftllingup 3500vacanciesof Constablesin Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 248 1 CWR Nol5806 of2009 e the Anned Police andWirelessSection Theywere successfuland were selected andrecruitedas ConstableDriversbythe ofPoliceIRer theirrecruitmentin DistrictJind theywere transfeuedto theTelecommunication Wingof HaryanaPolice Panchkulawhich is a separatewingof the Police withits at Panchkula Thatthepetitioners while working as ConstableDriverswere placed inthe of Rs501800 The Driversin other suchas Home Guards etc andothercivil were drawing a payscaleof Rsl2002040 0 Someofthe ConstableDrivers 81edCWR N0164410f1993which was allowed CO by a Division Bench of this Court on 1651994 with a direction to the I t5 to grantthe pay scaleof Rsl2002040 to the Constable I Driverswhowere workingin theHaryanapoliceThe Statewent in S1R against Z theorder of the Division Bench whereintheyraised a pleathat the Constable Drivers cannot be givenparitywith other Drivers because in the Police I theavenues of furtherpromotion are availablewhich is not available to any other Duringthe course of the before the Z Court an affldavitwas also81edbythe supponing their QO plearegarding the availabilityof avenues to theConstable Drivers em Z working in thePolice TheSLP was thus andthejudgment of the Division Bench was set asideon 1181997 Despitethe aforesaid the avenues were not madeavailableto thepetitioners and were madeurgingthe to grantthemthe avenues The said was rejected andwhile passingthe order it was admittedthat avenues are availableonly to the ConstableDrivers who were promotedto the ranks of Head ConstableslAssistantSub but no such avenues were availableto theConstableDriversandthat such have no chancesof furtherpromotionwithout converslon to Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 249 4 CW P No5806 of2009 3 trade It is alsothecase of the thatthe afOdavitwas flled withwrongavennentsandin orderto cover up the lapseletterdated2211996 makinga provision for test of the ConstableDrivers if theywere was desirousof conversionto trade which demanded an to go thevarioustechnicalcoulses writ petitionie CWP N05626 of 2004 followedmaking thesame grjevance that the ConstableDrivers were denied the aVenUeS Of m Ct This writ petition was defeatedbythe byOlinga wriuen 0 whereintheypleaded that dated1232003hadbeensent to the U Director Generalof Policefor of thepostof ConstableDriversto the I C5 rankof Head for further avenuesand I the same was pending considerationwith the StateGovemment For thepurpose Z therelevant ofthe writtenstatementOledbeforethisCoun rL intheaforesaidwrit petitionis below l That in replyto para80fthe writ petition it is submittedthat I L2 while filingthereplyof the said SLP the Under Secretary Z Home had adducedan affidavit in which the C0 avenues of ConstablesDriverswere shownin the I7 Z rankof Head ConstablesASI and SI etc but in fact there Qw exists no postofHC ASI SI or etc in thetradeof drivers in telecomwingand as a resultthesepostshaveno further chances of promotionwithout converslOll 10 trade To remove deadlockin theirpromotion and to honourthe commitmentmadebythe StateGovemmentin replyof the aforesaidSLP it is statedthatthepromotion of constabledrivers can onlybe madeeitherby converslon 111 tradeor byway of of theirpoststo the Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 250 CWP Nol5806 of2009 4 rankofHC ASI SI andInspectorA separate proposal was alsosent to DGPHaryana videIGPITe1eOmceNoA291Tele dated to gettheseposts is that 61rther could be opened for constabledrivers Thisproposal isundertheconsiderationofthe StateGovt Thewrit petition was thus of bythisCoun with a direction 1 r thata flnal decision with regardto thematter will be taken by the State O Govemmentwithin a peri6d of six monthsfromthedateof passingof theorderin 0 View ofthejudgment of theHonble Supreme CourtandtheaffldavitSled bythe C5 State Govemmentin the connectedmatter The relevantportionof the orderis I givenherebelow Z We disposeof thispetitionwith a directionthat the final decisionwithregardto thismatter will be takenby theStateGovernmentwithin six monthsfrom todayin the C lightof thejudgment of the Honble Supreme Court and the Z affidavit filed by the State Govemmentin this connected m matter 7 Z reminderswere sent to the pursuantto the standtakenby them in the aforesaidwrit petitionbut the were bytheGovemment videtheimpugned orderdated2762006 whichorder is hereinandis attachedas Annexure P12 It was statedin this order thattheConstableDriversof theTelecommunicationWingare in a betterposition as comparedto the Drivers in the civil and there are facilities availableto them Since the stand taken in AnneuxreP2 was contraryto theone whichtakenbythe beforethis Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document r 251 1 CWR N015806of2009 5 1 Court in CWP N05626 of 22004 Contempt PetitionNol152 of 2006 was In the affldavit filed in responseto the ContemptPetition the that theproposal the of the postof Driver to Head Constableetc as was beforethis Coun in CWPNo626 of 2004 was incorrectandthattheDirectorGeneralof Policehad sent theproposal to theGovernmentwhichwas rejected An affldavit was also filed by Shri SelvrajIPS IGR 1 Telecommunications Panchkulain which it was statedthat in the 0 TelecommunicationWingthe ConstableDrivershavegot avenues 0 after of 1630 and35 yearsof serviceas Exemptee Head Constables I C5 ASI Exemptee SIs Theseranksdid not entailany Onancialbenefitto I the promoteeas theonlyfinancialbenefitsavailableto themwere in theform of Z theACP scalesofferedto themafter10and20yearsofregularservice The 0 stand ofthe obviously was an attemptto oveneachtheCoun andthus thisalsodid not find favourwith theCourt Thus ShriBalbir SinghDlG who I hadearlierftledtheaffldavit tenderedan unconditionalapology andthecontempt Z were droppedThe petitioners then theHonble Supreme QO Court andsince the S1P filed bythe was also decidedon the amo Z basisof wrong projectionmade to the Court that avenues were 1 tl availablethe said application was howeverwithdrawnwith libertyto takeany rl action as may be advisedin accordancewith law The petitione thenfiled Clvl ApplicationNo849 of 2009 in CWP N05626 of 2004 for recalling theorder which was dismissed ThereaRersome techniciansworkingin thePolice this Coun by OllingCWP NoS327 of 2006 andprayedfor grantofpayscaleofRs2002040 This writ petition was allowed bythisCourtagainstwhich theStateof Haryana filed an SP bearingNol8631 of 2007 This SLP was dismissed The petitioners then Oled W Nol470 Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 252 CWP No 15806of2009 e of 2009 but sincetherewere inadvertentmistakesin thepetitionthesame was with libertyto file a freshpetitionandtheinstantwrit petitionhasbeen filedwiththeprayeras hasbeen in the Thepetitioners thuspray 1 That there are no avenuesavailableto them in the TelecommunicationWing 21 Theybe grantedthe same pay scale as has been ed to the 1 Driversin thecivil ofthe StateGovernment 0 31 Theprinciple ofequalpayfor equalwork demandsthatthesame pay C scalebemadeadmissibleto thepersonswhoperfonn similarduties I C5 41 Thattheprovisionof providing avenues as Exemptee I Head SIsis merely an eye washandtheydo Z notentail any financialbeneOts 51 Thatthestandofthe isviolativeofArticles 14and16of I theConstitutionofIndia Reliancewas placedon ajudgment ofthis Coun in CWP No10074 Z of 2010 Referencewas also madeto thecommunicationissuedbythe Stateof OO Haryana in responseto thevarious writ petitions decidedbythisCoun whereinthe n7 Z Stateof Haryana hasdecidedto grantthe benefitsof pay scaleof Rsl2002040 ll notionally with effectfrom 151990 to those whose were not Ivlatricwith ITl appointed priorto 151990 on a technicalpost whose is Matricwith LTl Uponnoticeof motion havingbeen issued the have filed theirreplyandit hasbeenpleaded thatthepetitioners andother of theTeleconications Wingwere gettingthefacilitieswhich theircounteroans in thecivil are not gettingThe detailsof suchbenefltsare as under Pay of Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 253 CWR Nol5806 of2009 7 BasicPay 79601 Sp pay 60 HRA 7961 KMA 1001 CA 1201 RME 5001 Additionalpay8421pm 1 r Otherbenefltsfor policeofficialsonly 0 il Susidised in HaryanaBus at a tlxed monthly 0 rateofRs801 pm I C5 iil Interestfreewelfareloanfacility I iiil Subsidisedmessingfacility Z ivl Freebarrackaccommodation 1Z I It was pleaded thattheHaryana PoliceTelecommunicationWingis a technicalwingwhich is separatefromthe GeneralPolice cadreandthe cadrehas Z remainedseparatefromtheverybeginningIt was alsopleaded bythemthatthere m are avenues of promotionby promotingthese Drivers as ExempteeHead V2 Z SIsand till date 81 Constableshavebeen promoted as ExempteeHead SIs even thoughtheydo not get any financialbene8tfrom the same Theyobtainthe financialbenefitsbybeinggranted IstACP of RsAOOO0000on completion of 10 years serviceandalsoget2ndACP of Rs50007850 aRercompletion of 20 yearsofservice It was next contendedthatthisverystandwas takenwhile responding to thecontemptpetitionflled bythepetitioners earlierandthattheACP granted to thepersonssimilarlyplaced as thepetitioners is equivalent to thepayof a regularHead ConstableIASI It was thus prayedthat the writ petitionbe Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 254 CWR Nol5806 of2009 8 dismissed I have heardthe leamedcounselfor the paniesand perusedthe materialon record Even thoughthenarrationgivenin thepetitionis of facts yetthecontroversy can be statedjustln one line thatthepetitioners demandthe pay equivalent to theDriverswho are workingin thecivil andplead thatthe avenues is violativeofthe Anicle 16ofthe 1 r Constitutionof Indiaand thattheyshouldbe grantedequalpay to the 0 one which is beinggivelto thesimilarly situatedpersons the same 0 dutiesin anotherwingofthe Govemment I 0 On dueconsiderationI do not find any meritin thepleawhich has I beenraisedbythepetitioners Z The principle of equalpay for equalwork certainlyenvisages that 2 two persons similardutiesandsimilarlyplacedbe treated 0p eee r I and not But at thesame time it is the Govemmentwho Co hasto detenninethefact whethersuchpersonsare thesame natureof Z dutiesandshouldbe held entitledto thesame pay scaleor not A postmaybe of 0 the same nomenclaturebutmayentaildifferentduties A Driver engaged baythe 17 Z Anned Forcesmayberequired to do a more hazardousdutythantheDriver who Om hasbeenengaged in a It wouldthusbe absurdto simplyequatetwo postson thebasisof a nomenclatureThe pleaof thepetitioners deservesto be negated on the other groundalso becausethe have statedthatthe Constable Driversin the wingwhich is a separatecadreand a separate e wing are beingpromots Head SIs even thoughtheydo not carryany SnanciaIbenets byconferment of sucha status on them yet theyhave beengrantedthe ACP afler 10 and 20 years of Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 255 1V CWP No5806 of2009 m9 service which are in the of RsA0006000 andRs58507000 which are to thepayscalesofHead ConstableandASI The purposeof ACP is to eliminatestagnation in the serviceand whereever a personcannot be gmnted actualpromotionhe is grantedthe ACP scaleto compensate him That beingthe situation the petitionersinterest ls as theynot onlygettherank butalsogetthepay aer the 1 specified numberofyears ofservice 0 The pleaof the petitioner thus is misplaced and the U petition is heldto bewithoutany meritandis dismissed I C5 I 4 re MAHESH GROVERI 232011 JUDGE Z GD 1 WHETHER TO BE REFERREDTO REPORTER7YESINO Z m VA Z 1lll r 4 1 4 Batra Amit 2014.04.21 14: 35 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document