Punjab-Haryana High Court
Ram Partap vs State Of Haryana And Another ... on 19 January, 2010
Author: Permod Kohli
Bench: Permod Kohli
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 3226 of 1988
Date of Decision: 19.1.2010.
Ram Partap, Supdt. Water Works & others --Petitioners
Versus
State of Haryana and another --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. R.K. Malik, Sr. Advocate with
Mr. Ashish Chaudhary, Advocate for the petitioners.
Mr. R.S. Kundu, Addl. A.G., Haryana.
***
PERMOD KOHLI.J (ORAL) The petitioners were appointed as Superintendent, Water Works in the pay scale of Rs. 225-500 in the year 1970. At the relevant time the qualification prescribed for the post in question was diploma/degree in Mechanical Engineering. Both the petitioners were diploma holders. They were appointed in the year 1982. Services of the municipal employees were integrated and statutory rules were framed to regulate the service conditions of Haryana municipal employees under the new rules namely the Haryana Municipal Services (Integration, Recruitment and conditions of service) Rules, 1982. The minimum qualification for the post of Superintendent, Water Works was prescribed as degree in Mechanical Engineering only. After the amendment of the rules, the pay scales of the degree holder Superintendent, Water Works were revised to Rs. 900-1700/- but petitioners were placed in a lower pay scale of Rs. 525- 900/-. Petitioners made various representations for grant of the pay scale of the post. Petitioner no.2 was informed that his pay scale has been revised to Rs. 600-1100/- w.e.f. 15.2.1982. The petitioners again represented that they CWP. No. 3226 of 1988 -2- may be granted the pay scale of Rs. 900-1700. In the year 1987 on the recommendations of the Pay Commission, the pay scales of the Haryana Govt. employees were revised w.e.f. 1.1.1986 and the pay scale for the post of Superintendent, Water Works was revised to Rs. 2000-3500/-. The petitioners were not granted the revised pay scales. Petitioners have, accordingly, filed this petition seeking direction for revision of their pay scale to Rs. 900-1700/- w.e.f. 15.2.1982 and to Rs. 2000-3500/- w.e.f. 1.1.1986. It is admitted in the reply filed that on framing of recruitment rules namely the Haryana Municipal Services (Integration, Recruitment and conditions of service) Rules, 1982. the qualification for the post was only degree holders. The pay scales for degree holders were revised to Rs. 900- 1700/- and for non degree holders Rs. 525-900. Further pay revision mentioned in the petition is also admitted.
The only question is that the recruitment is made on the basis of the prescribed qualifications and subsequently the qualification is changed. Whether an employee can be deprived of the revision of the pay scales for not possessing the qualifications prescribed after amendment. The issue is squarely covered by a judgement of the Hon'ble Supreme Court in case of Chandraprakash Madhavrao Dadwa Vs. Union of India reported as 1998 (4) RSJ 333, wherein following observations have been made:-
" 47. To put it in a nutshell, the change in the essential qualification made in 1990 or 1998 or the additional functions now required to be performed by the appellants could not retrospectively affect the initial recruitment of appellants as Data Processing Assistants nor their confirmation in 1989. Recruitment qualifications could not be altered for applied with retrospective effect so as to deprive the recruitees of their right CWP. No. 3226 of 1988 -3- to the posts to which they were recruited nor could it affect their confirmations."
In view of the above, this petition is allowed. Respondents are directed to grant the revised pay scale of Rs. 900-1700 to the petitioners w.e.f. 15.2.1982 and Rs. 2000-3500/- w.e.f. 1.1.1986, within a period of three months from the date certified copy of this judgement is served upon the competent authority, failing which the petitioners shall be entitled to the interest @ 6%.
(PERMOD KOHLI) JUDGE 19.1.2010.
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