Civil Writ Petition No.2060 of 2011 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2060 of 2011 Date of Decision: 23.08.2011. Shamsher Singh and Others ....Petitioners Versus Uttar haryana Bijli Vitran Nigam and Another ...Respondents CORAM: HON'BLE MR. JUSTICE L.N.MITTAL Present: Mr.I.D.Singla Advocate for the petitioners. Mr.Mohnish Sharma Advocate for Mr.Narender Hooda Advocate for the respondents. * * * L.N.Mittal, J.(Oral) Petitioners joined the service of Haryana State Electricity Board (HSEB) i.e predecessor of Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL) -respondent No.1 as Helper Grade-II pursuant to requisition Annexure P-2 dated 24.10.1990 sent by HSEB to Employment Exchange. Minimum qualification prescribed for the post was Matric with ITI in the Trade of Fitter/Electrician/Wireman. All the petitioners are matriculates with ITI diploma/certificate in Fitter Trade except petitioner No.10 who is matric with ITI in Wireman Trade. HSEB revised the pay-scales of its employes vide order dated 07.02.1991. All technical posts for which minimum qualification was matric with ITI were given revised pay scale of Rs.1200- 2040 w.e.f. 01.05.1990, but post of the petitioners i.e. Helper Grade-II was excluded from the said scale. Petitioners by filing the instant writ petition have claimed the said scale of Rs.1200-2040 w.e.f. 01.05.1990 or the dates of appointment of the petitioners along with consequential benefits arising therefrom. Respondents in their written statement inter-alia pleaded that Civil Writ Petition No.2060 of 2011 (2) minimum qualification for the post of Helper Grade-II was 8th pass with ITI certificate/diploma. As per clarification dated 02.09.1992 Annexure R-2/1 supplied by the Director, Industrial Vocational Education, posts falling under the cadre of Helper Grade-II carried minimum qualification of 8th pass with ITI certificate/diploma and therefore, while revising the pay-scales, the post of Helper Grade-II was not included in scale of Rs.1200-2040. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioners vehemently contended that as per requisition Annexure P-2, minimum qualification prescribed for the post of Helper Grade-II was matric with ITI in the trade of Fitter/Electrician/ Wireman and therefore, petitioners are also entitled to the revised scale of Rs.1200-2040. On the other hand, learned counsel for the respondents reiterated that minimum qualification for this post was 8th pass with ITI certificate/diploma and even 8th pass can get ITI diploma as per clarification Annexure R-2/1 and therefore, the petitioners are not entitled to the scale of Rs.1200-2040. I have carefully considered the rival contentions. Stand of the respondents is patently untenable because vide requisition Annexure P-2 minimum qualification for the post of Helper Grade-II was matric with ITI qualified in the trade of Fitter/Electrician/Wireman and not 8th pass with ITI diploma/certificate. Consequently, the entire stand of the respondents based on the plea that minimum qualification for the post was 8th pass with ITI certificate/diploma is completely untenable. It may also be added that even as per clarification Annexure R-2/1, out of the required qualification of ITI in three trades of Fitter/Electrician/Wireman, only for trade of Wireman, the minimum qualification was 8th pass, but for the remaining two trades of Electrician and Fitter, the minimum qualification was not 8th pass as per Civil Writ Petition No.2060 of 2011 (3) clarification Annexure R-2/1. All the petitioners except petitioner No.10 hold the ITI certificate/diploma in the trade of Fitter for which 8th pass is not minimum qualification for admission. Thus examined from any angle, the petitioners are entitled to the revised pay-scale claimed by them because minimum qualification for their post was matric with ITI diploma and for posts having the said minimum qualification, HSEB gave revised scale of Rs.1200-2040, but the said scale was not given to the post of Helper Grade-II. This is clear discrimination which is hit by Article 14 of the Constitution of India. Judgment dated 22.12.2008 in CWP No.9510 of 1994 titled as Shamsher Singh and Others Vs. State of Haryana and Others (Annexure P-5) is fully applicable to the facts of the instant case. For the reasons aforesaid, the instant writ petition is allowed. The respondents are directed to refix the pay of the petitioners by granting them revised pay-scale of Rs.1200-2400 w.e.f. 01.05.1990 or the dates of their appointment (whichever is later), within six months of receipt of certified copy of this order. However, arrears shall be restricted to the period since 36 months preceding the filing of the instant writ petition. 23rd August, 2011. (L.N.MITTAL) Seema-II JUDGE