Civil Writ Petition No. 15559 of 1991 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 15559 of 1991 Date of Decision: February 24, 2010 Kali Ram and others ......... Petitioners versus State of Haryana and others .......... Respondents 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present:- Shri M.L. Saini, Advocate for the petitioners. Shri S.S. Pattar, Senior Deputy Advocate General, Haryana. HEMANT GUPTA, J. In the present writ petition under Article 226/227 of the Constitution of India, the petitioners have sought a writ in the nature of mandamus, certiorari or any other appropriate writ or direction directing the respondents to grant revised pay scale of Class III employees w.e.f. 1.1.1979 as pay of the petitioners is less than the pay scale granted to Class IV employees in the same department. The petitioners are working as Gasman in different colleges in the State of Haryana. The grievance of the petitioners is that they are Class III employees but the pay scale granted to them is less than the pay scale of Civil Writ Petition No. 15559 of 1991 [2] Class IV employees and, therefore, the pay the petitioners cannot be less than the pay granted to Class IV employees. The present writ petition was filed on 3.10.1991 after submitting a representation dated 20.10.1990 to claim higher pay scale. In the reply, it has been pointed out that pay scale of Gasman is not less than Class IV employees and there is no anomaly attached to the pay scale of Gasman. The appointment to the post of Gasman is by way of direct recruitment and there is no feeder post of the post of Gasman. There is no linkage or parity of any post with the post of Gasman either on vertical side or horizontal side. It is also pleaded that the post of Gasman is a diminishing cadre post. It has also been pointed out that Library Attendants and Laboratory Attendants though are Class IV (Group D) employees but a decision has already been taken, in principle, to change the class of such posts from Group D to Group C. The process of corresponding amendment in the service rules is under way. It is further pointed out that difference in pay scales is on account of further improvement of the pay scales for Matriculate qualified Laboratory Attendants vis-a-vis the pay scale for non- matric Laboratory Attendants. Such pay scale is based on educational qualifications. Thus, it has been pointed out that the assertion of the petitioner that they are entitled to higher pay scale is unjustified. It is also pointed out that the petitioners have raised the grievance in respect of pay scales w.e.f. 1979 only in the year 1991, therefore, such petition suffers from gross delay and laches. The pay scale of Gasman as on 1.4.1979 was Rs.350-500 which was revised to Rs.775-1025 w.e.f. 1.1.1986. The minimum educational qualifications prescribed under the Rules for Gasman is Middle with science Civil Writ Petition No. 15559 of 1991 [3] subject or Matric, knowledge of Hindi up to middle standard. The pay scale of Rs.300-430 is for middle pass Library Attendant and Rs.400-600 for matric pass Library Attendant w.e.f. 1.4.1979. The same was revised to Rs.775-1025 for middle pass Library Attendant and Rs.950-1400 for matric pass Library Attendant w.e.f. 1.1.1986. Simlarly, the pay scale for middle pass with science Lab Attendant was Rs.350-500 as on 1.4.1979 and w.e.f. 1.1.1986 the same was revised to Rs.775-1025 for middle pass with science and Rs.950-1500 for matric Lab Attendant. A perusal of the qualifications and the pay scales mentioned in Para No.3 of the written statement shows that Lab Attendants are matric pass as well as middle pass. Different pay scales are specified for such posts. The minimum qualification for appointment of Gasman is middle as that of one set of Lab Attendants and Library Attendant. The pay is equivalent to that of Library Attendant and Lab Attendant with about similar qualification. Therefore, the petitioners cannot make a grievance in respect of pay scale attached to the post which has been fixed keeping in view the educational qualifications and responsibilities. Still further, it is categorical case of the respondent that the post of Lab Attendant and Library Attendant is being classified as Group 'C'. The pay scale to a post is to be fixed keeping in view the educational qualifications, responsibility and nature of work. The mere fact that a category of post has been assigned a different pay scale is not a ground to claim similar pay scale for another set of employees. As per averments made in the written statement, the post of Gasman is a diminishing cadre post. Even otherwise, the grievance is in respect of pay scale granted to Lab Attendant and Library Attendant. The minimum qualifications for such Civil Writ Petition No. 15559 of 1991 [4] category of posts is higher than the qualification prescribed for the post of Gasman. Therefore, the petitioners cannot claim the same pay scale which has been granted to the Lab Attendants and Library Attendants. Consequently, I do not find any merit in the present writ petition. Dismissed. February 24, 2010 ( HEMANT GUPTA ) ks JUDGE