CWP No.18894 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 10.3.2010 Sombir ...Petitioner VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.CB Kaushik, Advocate for the petitioner Mr.RS Kundu, Addl.A.G., Haryana Permod Kohli, J. (Oral) The petitioner was appointed as Temporary Carpenter against newly created post in District Rewari in the pay scale of Rs.775-12-955/14-1025 vide order dated 1.1.1990. This pay scale was revised to Rs.800-15- 1010/EB-20-1150. During the service, the petitioner acquired higher qualification of matriculation in the year 2003 and also acquired ITI Diploma in the year 2007 with the permission of the Government. Under the Notification dated 29.8.2000 of the Government of Haryana, pay scale of Rs.4000-6000 was given to those Carpenters who were having ITI Diploma with matriculation. The petitioner was in the pay scale of Rs.2650- 60-3300-EB-70-4000 which is meant for non-matric without ITI. On CWP No.18894 of 2008 2 acquiring the higher qualification, the petitioner made representation dated 24.8.2007 (Annexure P-7) to the respondents claiming the pay scale of Rs.4000-6000, but the claim of the petitioner was rejected vide order dated 8.4.2008 (Annexure P-12). The petitioner has challenged the aforesaid order. Apart from placing reliance upon Government Notification dated 29.8.2000 (Annexure P-6), the petitioner has also referred to the case of one Zamil Ahmed who was working as Carpenter and acquired higher qualification with the sanction of the Government and on the basis of the higher qualification, he has been granted the pay scale of Rs.4000-6000 vide order dated 25.10.2004 (Annexure P-11). The petitioner accordingly made a fresh representation dated 20.8.2008 (Annexure P-13) claiming parity with Zamil Ahmed. Having failed to persuade the respondents, the petitioner has filed this petition seeking a direction for his placement in the pay scale of Rs.4000-6000 with effect from the date he acquired the ITI qualification. In the reply, the respondents have simply stated that the representation of the petitioner was considered by respondent no.3 and it was found that basic qualification at the time of appointment as Carpenter is not sufficient to grant him higher pay scale. The respondents have, however, not disputed rather admitted in paragraph 4 that the petitioner acquired higher qualification with the permission of the Department. The petitioner has also placed on record Annexures P-14 and P-15. Vide Memo dated 28.9.2004 (Annexure P-14), higher pay scale of Rs.4000-6000 was granted to Mohd.Zamil Ahmed w.e.f. 9.10.2003 when he acquired the higher qualification. Vide Memo dated 25.10.2004 (Annexure P-15) the CWP No.18894 of 2008 3 pay scale of Zamil Ahmed was fixed in the higher pay scale of Rs.4000- 6000 w.e.f. 8.10.2003 when he acquired ITI qualification. Even this fact that Zamil Ahmed was granted the benefit of higher pay scale on the basis of ITI Diploma is admitted in the reply. The petitioner has been denied the same benefit in terms of the Government instructions (Annexure P-6), without any lawful and valid reason. Even the rejection order (Annexure P- 12) lacks any valid ground or reason. The Government instructions (Annexure P-6) also provides pay scale of Rs.4000-6000 for 10th Pass with ITI Diploma. In view of the above, this petition is allowed. The respondents are directed to place the petitioner in the pay scale of Rs.4000-6000 with effect from the date he acquired the ITI Diploma on the parity of Mohd.Zamid Ahmed within a period of three months from the date a certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 10.3.2010 MFK