Punjab-Haryana High Court
Jagroop Singh vs State Of Haryana on 16 January, 2001
Author: V.S. Aggarwal
Bench: V.S. Aggarwal
JUDGMENT Amar Bir Singh Gill, J.
1. Whether the anomaly in pay scales of certain set of employees takes effect from the dale of decision or it relates back to the revision of pay scales when the anomaly came into the notice of the State Government ? is the short question involved in this writ petition.
2, The petitioner was initially appointed as Water Pump Operator w.e.f. 21.10.1985 on work charge basis by order, Annexure P-i. He was a Matriculate with 1TI 2 years diploma in motor mechanic which he passed in the year 1988. The Haryana Government revised the pay scales of its employees w.e.f. 1.1.1986 and the cadre of the petitioner was put in the pay scale of Rs. 950-1500. However, subsequently the scale of technical posts which were carrying minimum educational qualification as Matriculate and diploma in ITI or ITI certificate/polytechnic was further revised in the payscaleofRs. 1,200-2,040 w.e.f. 1.5.1990 by notification dated 16.7.1991, Annexure P-4. The petitioner was granted the said pay scale w.e.f. 1.5,1990. The grievance of the petitioner is that the pay scale of Rs. 1200-2040 is required to take effect from 1.1.1986 when the revised pay scales of the employees were given effect to and not to a subsequent date i.e.. 1.5.1990 when the State Govt. granted the pay scale to some technical posts. The contention of the petitioner is that the revision in pay scales subsequently has to re-late back to 1.1.1986 as the revised pay scales w.e.f. 1.1.1986 pertains to the pay scale of Rs. 950-1500 granted to the petitioner w.e.f. 1.1.1986 when the Govt. had revised the pay scales. It is claimed that the petitioner's class cannot be treated differently in the matter of revision of pay scales and the action of the respondents is totally misuse of executive powers, arbitrary and violative of Article 14 of the Constitution.
3. In the written statement the claim of the petitioner has been contested. It is conceded that the petitioner was initially appointed as Water Pump Operator and his services were regularised w.e.f. 1.4.1993. It is also conceded that the petitioner is matriculate with two years ITI diploma. It is further contended that pay scales of only some technical posts were revised and were modified vide order dated 16.7.1991 and the same were to take effect from 1.5.1990 and the petitioner has been granted that benefit.
Heard learned counsel for the parties.
4. Annexure P-4 is the letter dated 16.7.199I issued by the Haryana Government, Finance Department on the subject of revision of pay and relevant portion of which reads as under :-
"S.No Name of post Existing pay scale as on 1.186 (Rs.) Modified scale of pay w.e.f. 1.5.90 (Rs.) 40 General recommendation regarding technical posts in various departments for which minimum educational prescribed is matric with ITI Certificate/ polytechnic 750-940 1200-2040 (it has been decided that further recruitment of stopped.
715-1025 800-1130 950-1400 950-1500
2. It has been decided to modify the above entry as under :
S.No. Name of the post.
Existing pay scale as on 11.16 (Rs.) modified scale of pay w.e.f. 1.5.90 (Rs)
40.
General recommendation regarding technical posts in various departments for which minimum educational with ITI Certificate/polytechnic 750-940 1200-2040 775-1025 880-1150 950-1400 950-1500 "S.No Name of the post Existing pay seal* as on 1.1.86 (Rs.) Modified scale of pay w.e.f 1.5.90 (Rs.) 40(A) General recommendations regarding technical posts in various departments for which minimum qualification prescribed is only ITI Certificate/Diploma from polytechnic without insistence on matric 750- 940 950- 1400 775-1025 800-1150 950- 1500
5. It is the common case of the parties that the pay scale of certain technical pbsts was revised or modified by a subsequent order and the revised pay scale was allowed w.e.f. 1.5,1990. It is also not disputed that the revision/modification subsequently made pertains to the pay scales already given to the same very posts under the revised pay scale w.e.f. 1.1.1986. As indicated in the letter, Annexure P-4, it is itself the case of the State Government that it had decided to modify the pay scale of some of the posts w.e.f. 1.5.1990, It was so because an anomaly had arisen because of some discrepancy in the pay scale revised w.e.f, 1.1.1986 and the affected employees represented to the State Government where-upon the pay scales revised earlier were modified by the subsequent revision. If it is a modification of the earlier revision of pay scales, it has to relate back to the date of earlier revised pay scales because the same were revised by the subsequent order and as such the same have to take effect from the earlier date i.e. 1.1.1986 and not from any subsequent date as claimed by the respondents. Even in the letter dated 16.7.1991 regarding modification of revised pay scales a reference is made to the posts having the existing and modified pay scales which reads as under :-
"S.No. Name of the post.
Existing pay scale 1.1.86 (Rs.) Modified scale of pay w.e.f 1.5.90 (Rs.)
40. General recommendation regarding technical posts in various departments for which minimum educational prescribed is matric with ITI Certificate/poly technic 750-940 775-1025 880-1150 950-1400 950-1500 1200-2040 40(A) General recommendations regarding technical posts in various departments for which minimum qualifications prescribed is only ITI Certificate/Diploma from polytechnic without insistence on matric.
750-940 775-1025 800-1150 950-1500 950-1400
6. A mere perusal of the modification of the pay scales, shown above, indicates that the pay scale of Rs. 950-1500 has been revised to Rs. 1200-2040 in case of technical posts carrying the qualification of matric with I.T.I. Certificate/Polytechnic whereas for the technical posts of which the minimum qualification is ITI certificate/Diploma'from Polytechnic without in-sistence on Matric, pay scale has been modified to Rs. 950-1400. It is conceded by the respondents that the petitioner has the qualification of Matric with ITI certificate and he has been extended the benefit of revised pay scale ofRs. 1200-2040, however, w.e.f. 1.5.1990 and not from 1.1.1986. In the circumstances, when the respondents by the impugned order only modified the pay scale earlier granted w.e.f. 1.1.1986 the modification has to relate to the same date and not to a subsequent date.
7. In the light of the observation made above, this petition is allowed. The petitioner shall be entitled to get revised pay scale of Rs. 1200-2040 w.e.f 1.1.1986. However, the arrears, if any, shall remain restricted to 38 months preceding the filing of the writ petition.
No order as to costs.
8. Petition allowed.