IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.M. Nos. 5902 & 5912 of 2010 & CWP. No. 15227 of 2004 Date of Decision: 30.4.2010. Shiv Kumar and another --Petitioners Versus State of Haryana and another --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Sudhir Narang, Advocate for the petitioners. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) C.M. No. 5912 of 2010 The applicant seeks correction in the name of father of petitioner no.1. It is stated that due to inadvertent mistake the name of the father of the petitioner no.1 has been mentioned as Sh. Shiv Ram instead of Sh. Ram Swaroop. For the reasons recorded in the application, same is allowed. The petitioner is permitted to make correction in the cause title. Correction has been carried out in the Open Court. C.M. No. 5902 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 main case is taken up on the board for final disposal. Application is disposed of. CWP. No. 15227 of 2004 -2- CWP No. 15227 of 2004 Both the petitioners are I.T.I Diploma holders in the trade of Fitter. They were appointed as Pump Operation and Fitter-Coolie on work charged basis in the years 1984 and 1977 respectively. The petitioners stand regularized w.e.f. 1.4.1993 and 31.12.1987 respectively. The grievance of the petitioners is that they were entitled to the pay scale of Rs. 1200-2040/- w.e.f. 1.5.1990 and pay scale of Rs. 4000-6000 w.e.f. 1.1.1996 being technical persons holding the technical posts. The petitioners served legal notice seeking relief. The legal notice has been responded to and the claim of the petitioners has been rejected vide communication dated 18.9.2003 (Annexure P-5) on the ground that the petitioners were not matriculates, though, they are I.T.I Certificate holders. The controversy involved in the petition is squarely covered by a judgement of this Court rendered in CWP No. 18754 of 1991 titled as Gurdev Singh & others vs. State of Haryana and others, wherein 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. CWP. No. 15227 of 2004 -3- 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 respondents are directed to grant the pay scale of Rs. 1200-2040/- to the petitioners w.e.f. 1.5.1990. However, the arrears shall be restricted to 38 months preceding the filing of the writ petition. (PERMOD KOHLI) JUDGE 30.4.2010. lucky