IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.9397 of 1995 (O & M) Date of Decision: July 18, 2008 Bal Krishan Gupta & Others .....PETITIONER(S) VERSUS State of Haryana & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. C.B. Goel, Advocate, for the petitioners. Mr. Narender Sura, Assistant Advocate General, Haryana. . . . AJAI LAMBA, J (Oral) Learned counsel for the parties concur that the matter be heard and decided at this stage itself. The petition has been filed under Article 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents (Commissioner & Secretary to Government, Haryana, Local Government Department, Haryana, Chandigarh) to allow the Secretaries/ Superintendents of the Improvement Trusts in the State of Haryana, the revised pay scale with effect from 1.1.1986 at par with Civil Writ Petition No.9397 of 1995 [2] the pay scales allowed to the Superintendents working in the offices of the Deputy Commissioners in view of Rule 11-A of the Rules to Regulate the Employment, Suspension, Removal and Conduct of Officers and Servants of the Improvement Trusts, as applicable to the State of Haryana (for short, `the Rules’). Rule 11-A reads as under:- “Rule 11-A (Scales of pay and allowances) (1) No officer or servant in the employment of the Trust shall be given a higher grade of pay than that of the corresponding post in the office of a Deputy Commissioner and where such a post does not exist in the office of the Deputy Commissioner, a grade higher than that of the corresponding post in the Divisional Office of the State Public Works Department, Building and Roads Branch, provided that a higher grade may be allowed, in special circumstances; with the previous approval of Government. In the case of a post where the corresponding post does not exist, both in the Deputy Commissioner’s Office and in the Divisional Office of the Public Works Department, Buildings and Roads Branch, the grade shall be fixed by a reference to Government, whose orders in this respect shall be final. (2) Higher initial pay than the minimum of the grade of a post shall not be given to any officer or servant of a Trust, except with a Government Sanction. (3) No Trust employee shall be allowed any allowance at a rate higher than that to which a Government servant drawing the same pay is entitled.” In the petition itself, it has been mentioned that Civil Writ Petition No.5967 of 1986 titled ‘Haryana Improvement Trust Employees Union (Regd.) vs. The State of Haryana & Another’ came to be filed for the similar relief. Copy of the judgment has been placed on record as Annexure P-1, which in the contention of the learned counsel, covers the issue required to be adjudicated in this writ petition. Learned counsel appearing for the respondent-State has not disputed the fact that judgment, Annexure P-1, has attained finality in so Civil Writ Petition No.9397 of 1995 [3] much as it has not been challenged. Learned counsel has also not been able to cite any law to the contrary and has not been able to distinguish the judgment. The operative part of the judgment, Annexure P-1, rendered in CWP No.5967 of 1986, decided on 8.12.1987 reads as under:- “After hearing the learned counsel for the parties and having examined their pleadings and the material on the record, I am of the considered view that the stand taken by the respondents is wholly without any basis. Once the State Government was satisfied that the employees of the Improvement Trusts (since dissolved) were discharging the same or similar duties which their counter-parts, working in the offices of the Deputy Commissioners and the Divisional Offices of the P.W.D. B & R Branch were performing and they were entitled to the grant of the same pay scales which their counter-parts, similar situated, were receiving, there was no legal justification or warrants for not releasing the same benefit of pay scales etc. to the employees of the Improvement Trusts with effect from Ist April, 1979, the date from which the other employees started receiving the revised pay scales. The date selected in the case of the employees of the Improvement Trusts for the grant of revised pay scales as Ist April, 1985 is wholly arbitrary and seeks to create an artificial classification which has no relevancy with any reasonable of rational basis. Such an artificial classification has been struck down by the Hon’ble Supreme Court in D.S. Nakara and others Vs. Union of India A.I.R. 1983 Supreme Court, 130. Consequently, I allow this writ petition and issue a writ of mandamus commanding the respondents to release to the employees of the Improvement Trusts (since dissolved) in the State of Haryana, represented by their Union, the revised pay scales to which they are entitled to, in accordance with the Rules with effect from Ist April, 1979 (1.4.79) and not with effect from Ist April, 1985, as laid down in the impugned notification dated 4th May, 1985 (annexure P-5). To that extent the impugned notification shall stand modified. They shall also be entitled to the arrears of their salary for the period from 1st April, 1979 to 30th March, 1985 and shall be entitled to the release of the same forthwith according to the revised pay scales. The respondents are further directed to clear the arrears of salary and allowances admissible to the petitioners according to the aforesaid directions, within 3 months from today. There shall be no orders as to costs.” In view of the above, the writ petition is allowed in the same terms as judgment, Annexure P-1, rendered in CWP No.5967 of 1986, decided on 8.12.1987. Civil Writ Petition No.9397 of 1995 [4] (AJAI LAMBA) July 18, 2008 JUDGE avin