-1- Civil Writ Petition No.11793 of 2007. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: April 01,2008. Suraj Bhan ... Petitioner VERSUS State of Haryana and others ... Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr.G.P. Singh, Advocate, for the petitioner. Mrs. Mamta Singhal Talwar, Assistant Advocate General, Haryana, for respondents Nos. 1 to 3. Mr.Sanjay S. Chauhan, Advocate, for respondent No.4. -.- MOHINDER PAL, J. In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a -2- Civil Writ Petition No.11793 of 2007. writ in the nature of certiorari, thereby quashing the order dated December 28. 2006 (Annexed with Annexure P-4) vide which claim of the petitioner for grant of pay scale at par with his juniors has been declined on the ground that his juniors had been granted the pay scale as per order dated March 17, 2000 (Annexure P-2) which was passed pursuant to the decision dated November 25, 1999, rendered by this Court in Civil Writ Petition No.16149 of 1999 and that the benefit of the order dated March 17, 2000 (Annexure P-2) could not be extended to the petitioner because it was only in favour of the petitioners in that writ petition. The petitioner has also prayed for issuance of a writ in the nature of mandamus directing the respondents to grant him the pay scale of Rs.1200- 2040 with effect from the date his juniors were granted this scale. Brief facts of the case are that the petitioner was initially appointed as Pump Attendant in the Municipal Committee, Ambala Cantt, vide appointment letter dated October 17, 1978 (Annexure P-1). In the year 1985, the Government of Haryana transferred the water supply and sewerage function of the Municipal Committees to the Department of Public Health along with the staff. The services of the petitioner, who in the meantime had been transferred to Municipal Committee, Panipat, were also transferred to the Department of Public Health, where he is presently working. Pay -3- Civil Writ Petition No.11793 of 2007. scales of the employees were revised with effect from January 01, 1986. However, there was some anomaly in the pay scale attached to the post held by the petitioner and the matter was referred to the Anomalies Removal Committee. This anomaly was later on removed. However, after removal of the anomaly, the pay scale of Rs.1200-2040 was granted to the employees with effect from May 01,1990 instead of January 01, 1986 i.e the date on which the anomaly occurred. This action of the respondents was challenged by some of the employees belonging to Public Health Division, Ambala, who had been initially appointed in Municipal Committee, Ambala and were later on transferred to Public Health Department, by way of filing Civil Writ Petition No.16149 of 1999. Vide order dated November 25, 1999, passed in this writ petition, this Court directed the respondents to consider and decide the representation submitted by the petitioners therein by passing a speaking order within three months from the date of receipt of the copy of the order and that the decision be communicated to the petitioners therein. Vide order dated March 17, 2000 (Annexure P-2) passed by the Financial Commissioner and Secretary to Government Haryana, Local Government Deportment, the revised pay scale of Rs.1200-2040 was granted to the petitioners of Civil Writ Petition No.16149 of 1999 with effect from January 01, 1986. However, the payment of the arrears of pay was confined to three years from November 25, 1999 i.e -4- Civil Writ Petition No.11793 of 2007. the date when Civil Writ Petition No.16149 of 1999 was decided. This benefit was, however, not extended to the petitioner. He served notice of demand for justice dated August 30, 2005 (Annexure P-3). Thereafter, he was conveyed along with letter (Annexure P-4) the copy of order dated December 28, 2006 (Annexed with Annexure P-4) passed by the Executive Officer, Municipal Committee, Panipat, declining the prayer of the petitioner on the ground that the benefit of order dated March 17, 2000 (Annexure P-2) granting pay scale of Rs.1200-2040 with effect from January 01, 1986 instead of May 01,1990, had not been extended to the petitioner as it was only in favour of employees belonging to Municipal Committee, Ambala Sadar, who had filed Civil Writ Petition No.16149 of 1999. It was further incorporated in the order dated December 28, 2006, that there was no order from the Government under which the benefit of pay scale of Rs.1200-2040 had been released to the petitioner with effect from January 01, 1986 instead of May 01,1990. Hence this writ petition. In the written statement filed by respondents Nos.1 to 3, it has been stated that the benefit to the petitioner for the pay scale of Rs.1200-2040 is to be given by the Municipal Committee, Panipat (respondent No.4). Municipal Committee, Panipat (respondent No.4), in its written statement, besides taking the plea that the petitioner has approached this Court belatedly, has defended its order -5- Civil Writ Petition No.11793 of 2007. (Annexure P-4) on the ground that the petitioner had never approached this Court for grant of same relief as was granted to the petitioners of Civil Writ Petition No.16149 of 1999 decided on November 25, 1999. After hearing the learned counsel for the parties and perusing the records of the case, we are of the view that in order to avoid discrimination to the employees, the benefit of the order dated March 17, 2000 (Annexure P-2) which was passed pursuant to the direction given by this Court in the decision dated November 25, 1999, rendered in Civil Writ Petition No.16149 of 1999, should have been extended to all the similarly situated employees irrespective of the fact whether they had approached this Court for the grant of similar relief or not. The stand of respondent No.4 that the petitioner was not entitled to the relief of fixation of his pay at par with his juniors or similarly situated employees because he was neither a party in Civil Writ Petition No.16149 of 1999 nor approached this Court for grant of similar relief is not at all appreciable, particularly after he had served notice of demand for justice dated August 30, 2005 (Annexure P-3). For the aforesaid reasons, this writ petition is allowed, the impugned order dated December 28, 2006 (Annexed with Annexure P-4) is set aside and respondent No.4 is directed to fix the pay of the petitioner in the pay scale of Rs.1200-2040 with effect from January 01,1986 instead of May -6- Civil Writ Petition No.11793 of 2007. 01,1990. The petitioner will be entitled to all the consequential benefits flowing from such fixation of his pay. However, arrears of pay are restricted to three years preceding the filing of this writ petition. There shall be no order as to costs. ( HEMANT GUPTA ) ( MOHINDER PAL ) JUDGE JUDGE April 01, 2008. ak