CWP No.17928 of 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 17.8.2010 RL Mehan and others ...Petitioners VERSUS The Haryana Warehousing Corporation and Ors. …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.RK Malik, Sr.Advocate with Mr.Vishal Malik, Advocate for the petitioners Mr.RS Kundu, Addl.A.G., Haryana Mr.GS Anand, Advocate Permod Kohli, J. (Oral) The petitioners were the employees of Haryana Warehousing Corporation and posted at different places. The respondent-Corporation is a statutory corporation. The Engineering staff borne on the cadre of the Corporation was being granted pay scales at par with the Engineering Staff of the Government of Haryana. It is stated that the pay scales of the Engineering Cadre in both the State of Haryana and Corporation was at par as on 1.4.1979 and 1.1.1986 on revision of the pay scale. The grievance of the petitioners is in respect of the action of the respondents whereby the pay scales of the Sub Divisional Engineers in the Corporation at par with the Engineering cadre in the Government of Haryana is denied to them w.e.f. 1.5.1989 vide the impugned order dated 2.4.1992 (Annexure P-11). It CWP No.17928 of 1995 2 is admitted case of the parties that after the pay revision of 1.1.1986, there was some anomoly and the State of Haryana, on the basis of the recommendation of the appropriate expert committee removed the anomoly and the Engineering staff were placed in the revised pay scale of Rs.2200- 4000 w.e.f. 1.5.1989. However, a similar treatment was denied to the petitioners. The petitioners in fact relied upon the resolution adopted by the Board of Directors of the Haryana Warehousing Corporation in the 81st meeting held on 22.5.1987. The relevant extract of the resolution reads as under:- “Resolved that the revision pay scales as introduced by the State Govt. of Haryana vide their notification No.GSR-39/Const./Art.309/87 dated 29.4.87 may also be made applicable to the employees of the Haryana Warehousing Corporation in toto, and that the pay of the employees in the revised scales be also fixed in accordance with the instructions laid down by the State Govt. in this respect and as amended from time to time. However, the options by the employees from opting revised scales shall be reckoned from 22.5.87 i.e. today. Resolved that the Managing Director is authorized to remove any anomalies in these pay scales which are accepted and introduced by the State Govt. of Haryana subsequently, in respect of the revised pay scales, to avoid any hardship to the employees CWP No.17928 of 1995 3 of the Corporation, subject to Govt. approval before implementation.” From the above resolution, it appears that the employees of the Haryana Warehousing Corporation are entitled to the revised pay scales as may be granted to the employees of the State Government from time to time. On that basis, the petitioners also claim the benefit of the revised pay scale as was granted to the employees of the Haryana government w.e.f. 1.5.1989. Contrary to the above resolution, the petitioners have been granted the benefit of revised pay scale w.e.f. 1.2.1992 as is evident from the impugned order. A similar issue came to be considered by this Court in CWP No.13055 of 1993 decided vide judgment dated 16.4.2009. The relevant observations of this Court are noticed as under:- “In view of the above, it is apparent that vide circular dated 2.6.89, the State Govt. has removed an anomaly in respect of pay scale granted to Engineers. Therefore, such an anomaly is to be required to be removed from the same date and in the same manner as was done in the case of the employees of the State Government in respect of the employees of the Board. In view of the above, the present writ petitions are allowed. The decision of the State Govt. in granting revised pay scale w.e.f. 1.4.1993 vide Annexure P7 in writ petition No.13055 of 1993 is set aside. The respondents are directed to grant the benefits of Circular dated 2.6.1989, as modified, to CWP No.17928 of 1995 4 the Sub Divisional Engineers of the respondents- Board w.e.f. 1.5.1989, as in the case of employees of the State Government. There shall be no order as to costs.” This judgment has attained finality. In view of the above, this petition is allowed. The petitioners shall be entitled to the benefits of the revised pay scales w.e.f. 1.5.1989 in the same manner and from the same date as was granted to the employees of the State of Haryana. Let the arrears be determined and paid to the petitioner within a period of four months from the date certified copy of this order is received by the competent authority. (PERMOD KOHLI) JUDGE 17.8. 2010 MFK CWP No.10585 of 2010 5