C.W.P No. 17145 of 2008 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 17145 of 2008 Date of decision : April 17, 2009 Jai Bhagwan, ...... Petitioner (s) v. The State of Haryana and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Namit Kumar, Advocate for the petitioner. Mr.Harish Rathee, Sr. DAG Haryana for the respondents. *** 1. Whether Reporters of Local Newspapers 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 ? *** AJAY TEWARI, J (Oral) The petitioner was selected as Constable (Pipe Fitter), vide the following appointment order (Annexure P-2) :- “ Constabulary No.2-T Jai Bhagwan has been appointed a member of the Police Force under Act V of 1861, and is vested with the powers, functions and privileges of a Police Officer. However you are appointed exclusively for technical job and you shall not be entitled to any post and benefits meant for other C.W.P No. 17145 of 2008 ::2:: Commando personnel.” The petitioner has a qualification of Matriculation plus ITI in the concerned trade. By this writ petition, he claims the benefit of higher pay scale of Rs.1200-2040 as per the notification Annexure P-3/A. In reply, the stand taken is that in the Commando Wing there are no technical posts and, therefore, even if the petitioner fulfills the parameters of the policy Annexure P-3/A he cannot be granted the benefit. A Division Bench of this Court, vide judgment dated 12.9.2002 allowed CWP No.15535 of 1999, Sandeep Mehta and others vs State of Haryana and another, filed by similarly situated employees. Against that, the State of Haryana filed SLP (C) No.6402 of 2003, which was dismissed by orders dated 18.2.2005 (Annexure P-6). In my opinion, the case of the petitioner is similar to the case set up in CWP No.15535 of 1999 (supra). It is to be noticed that the pleas taken in that case are similar to the ones taken in the written statement filed in the present case. Consequently, this writ petition is allowed in the same terms as CWP No.15535 of 1999. The respondents are directed to grant pay scale of Rs.1200-2040 to the petitioner from the date of appointment as per the decision of the Hon'ble Supreme Court in the orders (Annexure P-6). Needful be done within three months from the receipt of a certified copy of this order. In case the payment is not made within the stipulated period, the petitioner would be entitled to interest on the arrears @ 8% pa from the date of accrual till the date of actual payment. ( AJAY TEWARI ) April 17, 2009. JUDGE `kk' C.W.P No. 17145 of 2008 ::3::