KARAMVIR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for a writ in the nature of Mandamus to the respondents to grant the revised pay scale of Rs. 480-760 initially and scale of Rs. 1200-2040 w.e.f. 1.1.1986 and consequential arrears. In para-4 of the writ petition, it has been specifically averred that almost in all departments where essential qualification for the post was matric with two years ITI certificate, the persons who were working on the technical posts like the post which is being held by the petitioner and are similarly qualified, have been given the grade of Rs. 480-760 in accordance with the revision of the pay scale as mentioned in the earlier paragraph. It has further been stated that in transport department also, the higher pay scale of Rs. 480-760 was not granted to the similarly situated persons w.e.f. 1.2.1981 and the Electricians of that department filed Civil Writ Petitions Nos. 185 and 186 of 1987 in this court and in those cases, the AG Haryana made a statement that relief sought (i.e.. pay scale of Rs. 480-760) has been granted. A copy of the order passed in writ petition No. 186 of 1987 has also been annexed as Annexure P-3 to the writ petition.

(2.) This writ petition was admitted by a Division Bench of this Court on 25.7.1990. Though a period of more than seven years has lapsed from the date when the writ petition was admitted, the respondents have failed to file written statement in this case. It may also be relevant to point out here that CM 9027 of 1997 was filed in this case by the writ petitioner wherein it was prayed that this writ petition being covered by a judgment of this Court be listed for arguments on an actual date. This CM was disposed of on 7.7.1997 in the presence of the learned counsel for the parties and on that day, it was ordered that the main writ petition be listed for arguments on 10.7.1997 as item No. 1. In spite of this order, no written statement has been filed on behalf of the respondent till today. Learned DAG submits that he had also written a letter on 10.7.1997 but he has not received any communication from the department so far. In view of these facts, the averments made in para-4 of the writ petition are deemed to have admitted by the respondents.

(3.) Even otherwise, I find that the facts of this case are almost similar to the facts of the Civil Writ Petition No. 12193 of 1990, Amar Singh and others v. State of Haryana and others, 1992 1 SCT 435 decided on 6.12.1991 : . In that case the Electricians who possessed the qualification of matric with two years certificate of ITI had been granted pay scale of 400-600 and they had also claimed the scale of Rs. 480-760 w.e.f. 1.2.1981 and scale of Rs. 1200-2040 w.e.f. 1.1.1986 on the ground that in all departments of Haryana Government, persons possessing qualification of matric with two years certificate of ITI and working on technical posts like the petitioner had been placed in the scale of Rs. 480-760 w.e.f. 1.2.1981 and in the pay scale of Rs. 1200-2040 w.e.f. 1.1.1986. The said writ petition was allowed by this court and the petitioners in that case were granted the relief sought by them. The learned counsel for the petitioners has also produced photo copy of the order dated 9.4.1991 which shows that both the petitioners in this case were granted pay scale of Rs. 1200-2040 w.e.f. 1.5.1990.