CWP No.6235 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 17.3.2010 Radhy Sham s/o Dhani Ram ...Petitioner VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Naveen Daryal, Advocate for the petitioner Mr.RKS Brar, Addl.A.G., Haryana Permod Kohli, J. (Oral) In view of the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage today itself. The petitioners were engaged on 11.1.1977 on the post of Cleaner on temporary basis. Their services were regularized w.e.f. 1.1.1983. The petitioners have been promoted to the post of Auto Diesel Mechanic, Fetter Heavy Mechanic and Workshop Machinery Operator on 12.2.2001. It is alleged that persons junior to the petitioners were working as Auto Diesel Mechanic and drawing higher pay scale than the petitioners. The names of such persons have been given in paragraph 5 of the writ petition. The CWP No.6235 of 2009 2 petitioners made representation dated 18.9.2008 (Annexure P-4) which was followed by another representation. The petitioners have placed on record the seniority list (Annexure P-3) which indicates that they are senior to the private respondents. The seniority position of the petitioners is not disputed. The claim of the petitioners is that juniors are getting higher pay scale than the petitioners. It is further case of the petitioners that they are also entitled to the ACP benefit on completion of requisite period of service under the ACP rules. In the reply filed, it is admitted that the petitioners were initially engaged as Cleaner on work charge basis in the year 1977. They were promoted to the post of T-Mate w.e.f. 1.9.81, except petitioner no.4. They were also granted the benefit of revision of pay scale of Rs.300-430 w.e.f. 1.4.82. It is also admitted position that the petitioners were regularized w.e.f. 13.10.83. They were granted revised pay scale under the Haryana Government rules w.e.f. 1.1.86 and their revised pay scales were fixed at Rs.750-940. Regarding respondents no.5 and 6, it is stated that they were having qualification of matric with ITI certificate and though initially, the pay scale was same as in the case of the petitioners, however, on the basis of the Haryana Government letter dated 26.7.1991, the existing pay scale was modified w.e.f. 1.5.1990 and persons on technical posts in various departments for which minimum educational qualification prescribed is ITI with matric, they were placed in the pay scale of Rs.1200-2040 and non- matric persons were in the pay scale of Rs.950-1400. In sum and substance, the case of the respondents is that the private respondents having qualification of matric with ITI certificates were granted the higher pay scale of Rs.1200-2040. It is, however, not disputed that the petitioners CWP No.6235 of 2009 3 are working on the post of Auto Diesel Mechanic. This post is also technical in nature. The petitioners are, however, non-matric, but with ITI. The question whether the non-matric with ITI are entitled to the pay scale of Rs.1200-2040 has been decided by this Court 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. 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, the petitioners notwithstanding the fact that they are non-matric are entitled to the pay scale of Rs.1200-2040 w.e.f. 1.5.1990. However, the petitioners shall be entitled to only notional benefits of the aforesaid pay scale and their salary will be fixed at par with the juniors without any monetary benefits of arrears. The petitioners shall be entitled to the pay revision, if any thereafter. The other claim of the petitioners is for grant of ACP. They have rendered more than 31 years of service. The grant of ACP is covered by the CWP No.6235 of 2009 4 statutory rules framed in the year 1998. The claim of the petitioners also needs to be considered by the respondents under the ACP Rules and if the petitioners are found entitled to the grant of ACP benefits, the same be also granted to them in accordance with rules. Let the claim of the petitioners be considered within a period of three months. (PERMOD KOHLI) JUDGE 17.3.2010 MFK