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The petitioners are Engineers of Public Works (B&R) Department, Haryana, who retired on different dates between the period from 01.01.2006 to 31.08.2009. They have approached this Court praying for quashing of the decision dated 19.08.2009 (Annexure P-8), granting them the revised pay structure w.e.f 01.09.2009, but which has been granted to HCMS doctors i.e. 01.01.2006. They claim the release of actual benefit of scales w.e.f. 01.01.2006 at par with HCMS doctors.

It has been asserted that from the year 1989 till 2006 as and when the pay scales were revised, the petitioners have been granted the same pay scales as that of HCMS Doctors. The State Government has equated the post of Engineers with HCMS doctors. The Government has taken a conscious decision to maintain parity in the scales of HCMS doctors and Engineers with HCS Executive Branch.

The contention of the petitioners is that vide notification dated 30.12.2008, the Engineers and HCMS doctors were granted the same revised pay scales w.e.f. 01.01.2006. However, on 20.02.2009, Government of Haryana has further modified the pay scales of HCMS Doctors. This revision was made effective w.e.f. 01.01.2006. But this benefit has not been extended to the petitioners. It has been asserted that once the Pay Commission has recommended the same pay scales, subsequent change by the Government in the pay scales would ipso facto be applicable to the case of the petitioners as well. Claiming the said benefit, the Engineers'Association has submitted a representation.

A Pay Anomaly Committee, which was set up for such purposes, went into the representation of the Engineers as well. On the demand of Engineers, the State Government vide impugned notification dated 19.8.2009 agreed to improve further the pay structure of the Engineers. However, at the same time, this benefit was made effective with effect from 01.09.2009. The petitioners wanted the revision in the pay scale with effect from 01.01.2006, when revision in the pay scale was granted to HCMS doctors from the anterior date of 01.09.2009 is not acceptable to them. It is for this purpose, the petitioners have filed the present petition claiming the relief of revision in pay scales with effect from 01.01.2006.