IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.1406 of 2010 Date of decision : 11.5.2011 Parmod Kumar ....Petitioner Versus State of Haryana and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.G.P.Singh, Advocate for the petitioner. Mr.Harish Rathee, Sr.DAG, Haryana for the State. ..... MAHESH GROVER, J. The petitioner in this writ petition prays for issuance of a writ in the nature of certiorari for quashing the impugned order dated 26.5.2009 to the extent it grants the pay scale of Rs.4000-6000 with effect from 1.1.2006 instead of 16.6.2004 which is the date of his initial appointment. The petitioner pleads that he is entitled to the pay scale as per the Government notification dated 23.8.1990 which prescribes the pay scale of Rs.1200-2040 to the persons whose minimum educational qualification is Matric with ITI certificate. In 1996 revision of pay scale took place and the employees who were in the pay scale of Rs.1200-2040 prior to 1.1.1996 were granted the pay C.W.P.No.1406 of 2010 -2- scale of Rs.4000-6000. Similarly situated persons of various disciplines including the Constables in Haryana Police made similar prayer before this Court in CWP No.15535 of 1999 and this Court held them entitled to the pay scale of Rs.4000-6000 with effect from 1.5.1990 ostensibly as per the provisions in the notification. The plea of the respondents that the petitioners had obtained employment consciously and accepted the pay scales that were made available to them was specifically raised in the earlier writ petition and was negated by this Court. The judgment was tested before the Supreme Court of India which upheld the judgment with a clarification that the petitioners in the said writ petition would be entitled to the pay scales on the basis of their technical qualifications with effect from the date of their appointment and not from the date of notification. Numerous other cases were decided by this Court the reference of which has been made in Annexure P-7 as well. The sole objection which the learned counsel for the State has raised is that the petitioner had accepted the employment and the conditions thereof with open eyes and therefore, he could not make any grievance of the pay scale being made available to him as on today by virtue of the impugned order. On due consideration of the matter, I am of the opinion that the controversy raised herein is no longer res integra. The Supreme Court having clarified that the petitioners in the earlier writ petition were entitled to the pay scale admissible to the technically qualified persons from the date of their appointment, the petitioner cannot be treated differently. Consequently, the writ petition is accepted, the impugned C.W.P.No.1406 of 2010 -3- order is set aside to the limited extent that instead of the revised scale of Rs.4000-6000 being made admissible to the petitioner from the 1.1.2006, the same shall now be made admissible from the date of his appointment i.e. 16.6.2004. The necessary arrears be paid to the petitioner within a period of six months from today. Petition allowed. 11.5.2011 (MAHESH GROVER) JUDGE dss