LAWS(P&H)-2016-5-370

BHAL SINGH Vs. STATE OF HARYANA

Decided On May 27, 2016
Bhal Singh Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) - The present petition has been filed challenging the vires of Haryana (Abolition of Distinction of Pay Scale between Technical and Nontechnical Posts) Act, 2014 (for short, 'the Act').

(2.) The petitioner joined service as Helper Carpenter on 23.6.1980 and was promoted as Assistant Carpenter on 23.7.1986 and further promoted as Carpenter on 21.6.2002. He retired on attaining the age of superannuation on 30.4.2011. The claim is that in view of notification dated 23.8.1990, issued by the Government, the petitioner was entitled to technical pay scale of Rs.1200-2040 on account of his qualifications w.e.f. 1.5.1990. The vires of the Act is sought to be challenged, as vide aforesaid enactment, the technical pay scales granted to the employees were withdrawn.

(3.) After hearing learned counsel for the petitioner, we do not find any reason to entertain the petition to go into the vires of the Act, as the petition otherwise deserves to be dismissed on account of delay and laches only. To claim the technical pay scale w.e.f. 1.5.1990, the petition had been filed even more than five years after the retirement of the petitioner on 30.4.2011.