IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.M. No. 4914 of 2010 & CWP. No. 2239 of 1997 Date of Decision: 27.4.2010. Ram Saran and others --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Ravinder Malik Ravi, Advocate for the petitioners. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) C.M. No. 4914 of 2010 Notice of the C.M. Application. Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. With the consent of learned counsel for the parties matter is taken up on the board today. CWP No. 2239 of 1997 I have heard learned counsel for the parties. The petitioners are holding the posts of Carpenter and Mason. These posts are technical in nature. The petitioners have filed this petition seeking a direction for granting them the pay scale of Rs. 1200-2040/-. From the reply, it appears that the claim of the petitioners has been rejected by the respondents vide communication dated 6.3.1997. From the said communication it appears that the claim of the petitioners has been simply rejected without recording any reason. As a matter of fact it appears that the petitioners had asked for the equal grade as given to the Carpenters CWP. No. 2239 of 1997 -2- and Masons working in other departments. This means that in other departments Carpenters and Masons are getting higher pay scales. In the reply filed by the respondents, the only ground for denying the benefit to the petitioners is that the petitioners do not possess the qualification of Matric with I.T.I. Similar controversy has been considered by this Court in a bunch of petitions including CWP No. 18754 of 1991 decided on 18.1.2010. In the aforesaid petition following observations have been made:- “ In the light of the aforesaid judgements and in view of the interpretation which can be placed with Item No. 40 of pay revision rules of 1986 the petitioners, if, working on technical posts cannot be deprived of the revised pay scales of Rs. 1200-2040/- either on the ground that they are non-matric or that they are ITI or not or even they are having trade certificate of a different trade. According to the memo No. 6/1988 noticed in Labh Singh's judgement- three years experience in trade was also to be considered as equivalent to ITI. These petitions are, accordingly, allowed. Respondents are directed to release the revised pay scale of Rs. 1200-2040/- to the petitioners who are working on technical posts from the date of revision i.e. 1.5.1990.” In view of the above, this petition is allowed. The petitioners are entitled to the pay scale of Rs. 1200-2040/- w.e.f. 1.5.1991. However, the payment of the arrears shall be confined to the period of 38 months. (PERMOD KOHLI) JUDGE 27.4.2010. lucky