Punjab-Haryana High Court
Harish Kumar vs State Of Haryana And Ors on 18 April, 2024
CWP-15557-2000 (O&M) along with connected petitions 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.207 Date of Decision: 18.04.2024
1) CWP-15557-2000 (O&M) 2024: PHHC:052867
Harish Kumar .... Petitioner
Versus
State of Haryana and others ... Respondents
2) CWP-4347-1998 (O&M) 2024:PHHC:052866
Zilladar Association (Irrigation Department)
and another .... Petitioners
Versus
State of Haryana and another ... Respondents
3) CWP-15472-2000 (O&M) 2024: PHHC:052868
Satvir Singh and another .... Petitioners
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Akshit Dhiman, Advocate
for the petitioner in CWP-15557-2000.
None for the petitioners in
CWP-4347-1998 and CWP-15472-2000
Mr. Ravinder Singh Budhwar, Addl. A.G.Haryana.
3K 2 3k
TRIBHUVAN DAHIYA, J. (ORAL)
All the aforementioned petitions are being decided together by
this common judgment, as they involve common issue based upon similar
CWP-15557-2000 (O&M) along with connected petitions 2
facts. For adjudicating the matter, facts are being taken from CWP No.15557
of 2000.
2. The petition has been filed seeking a writ of certiorari quashing
the order dated 01.07.1998, Annexure P-5, and a writ of mandamus directing
the respondents to grant the petitioner revised pay scale of 1200-2040 with
effect from 01.01.1986 instead of 01.05.1990, with all consequential
benefits.
3. By referring to the averments in the petition, learned counsel for
the petitioner has contended that employees in some other division of the
Department were given pay scales of ¥480-760 with effect from 01.02.1981,
but the pay scale of petitioner's post was not revised to that level. Thus,
there was a disparity created between the Department employees. Later, the
scale of €480-760 was revised to €1200-2040, but the petitioner was not
given the revised pay scale, instead he was placed in the pay scale of €950-
1400. He represented to the Department pointing out the disparity. However,
vide letter dated 23.08.1990, Annexure P-1, the Finance Department decided
to modify the pay scales of some of the posts, including that of the
petitioner, to 1200-2040 with effect from 01.05.1990. It is contended, since
the pay anomaly noted in the scales was removed by the Department, it has
to be given effect to from the date of revision of pay scales, i.e., with effect
from 01.01.1986, and not from 01.05.1990.
4. Learned State counsel, on the contrary, contends that the
petitioner at that time was working on work charge basis, and was in the pay
scale of €400-600. For the first time his pay scale was equated to that of
regular employees, i.e., €480-760 on 01.02.1981. It is also submitted that
prior to the cut-off date, i.e., 01.01.1986, the work charge employees in three
Departments, i.e., Irrigation, B&R and Public Health, were being regulated
MANINDER
2024.04.29 12:49
authenticty ofthis" BY different provisions/instructions issued by the government in that regard.
order/judgment.
CWP-15557-2000 (O&M) along with connected petitions 3
The scales of the regular employees were revised with effect from
01.04.1979, vide notification dated 29.02.1980, whereas pay scales of work
charge employees were revised with effect from 01.04.1982, vide circular
dated 03.06.1982. These pay scales did not provide for pay scales of %480-
760 in respect of the technical posts, including the one held by the petitioner,
and were admissible only to the employees working in regular establishment
in the Department. Accordingly, the petitioner was placed in the functional
pay scale of 400-600 prior to 01.01.1986, which was revised to ¥950-1400
with effect from 01.01.1986. Accordingly, he cannot claim the pay scale of
~480-760 from 01.02.1981, which was revised to 1200-2040.
5. Heard.
6. It is apparent on record that the petitioner at the relevant time
was working in work charge establishment in the pay scale of €400-600,
which was revised to €950-1400 with effect from 01.01.1986. His claim for
grant of revised pay scale of 1200-2040 (pre-revised scale of ¥480-760) is
not admissible, since at no time was he in the pre-revised pay scale of €480-
760. Accepting his representation for pay parity, the Department for the first
time took conscious decision to modify pay scales of some of the posts,
including the one held by the petitioner, to €1200-2040 with effect from
01.05.1990, vide letter dated 23.08.1990. This cannot be termed removal of
anomaly, as not once was he placed in the pre-revised pay scale and was
never on equal footing with those employees who were getting the same.
7. In view thereof, there is no merit in the petition, and it stands
dismissed.
8. The other two petitions, CWP-4347-1998 and CWP-15472-
2000, also stand dismissed for the reasons mentioned herein above.
CWP-15557-2000 (O&M) along with connected petitions 4
9. Pending miscellaneous application(s), if any, stand disposed of
as having been rendered infructuous.
10. A photocopy of this order be placed on connected files.
(TRIBHUVAN DAHTYA)
JUDGE
18.04.2024
Maninder
Whether speaking/reasoned Yes/No
Whether reportable : Yes/No
