M.L. Singhal, J. - (1.) SHRI Ramu Singh son of Kanhaya Lal was appointed on 29.1.1981 as Ferro Printer in the scale of Rs. 300 -430/ - plus usual allowances by Superintending Engineer, Jind. After some time, he was transferred from Jind to Hisar. On 14.5.1987, his services were regularised by the Managing Director of the Haryana State Minor Irrigation & Tubewell Corporation, Chandigarh (hereinafter referred to as the 'Corporation') and he was given the pay scale of Rs. 480 -760/ - which was being given to the AZO operators and Ferro Printers. Haryana Government revised the pay scales being given to its employees with effect from 01.01.1986. So far as the pay scale of Ferro Printers and that of AZO Operators was concerned, it was revised to Rs. 1200 - 2040/ - from Rs. 480 -760/ -. It was the case of the plaintiff that he was doing the same work as was being done by other AZO Operators and Ferro Printers in the Corporation and in other Division Anil Kumar who is working as AZO Operator is getting pay scale of Rs. 1200 -2040/ - plus usual allowances. It was also his case that the academic qualifications which the plaintiff possesses are the same which others possess who have been given the pay scale of Rs. 1200 -2040/ -. On these allegations, he filed suit for declaration against the Corporation through its Managing Director to the effect that he is entitled to the pay scale of Rs. 1200 -2040/ - as is being given to others.
(2.) DEFENDANTS contested the suit of the plaintiff. It was alleged that the suit is barred by time, suit is not maintainable, plaintiff has no cause of action and the plaintiff is estopped by his act and conduct from filing the suit. Plaintiff was given ad hoc appointment as Ferro Printer in the grade of Rs. 300 -430/ -. It was purely on ad hoc basis subject to the terms and conditions of the appointment that his services will be governed under the rules and regulations of the Corporation which are framed and made applicable from time to" time. Post of Ferro Printer is Class -IV Post. Whereas, the post of AZO Operator is Class -III post. Duties and functions of both the posts are quite differ - ent. Posts of AZO Operator and Ferro Printer are not inter -linked with each other. Plaintiff is entitled to the pay scale of Ferro Printer. He has no right to claim the pay scale of the post of AZO Operator. It was stated that the plaintiff has rightly been given the pay scales of Ferro Printer which was revised to Rs. 750 -940/ -with effect from 1.1.1986. It was denied that he is performing the same duties which are being performed by Anil Kumar. Anil Kumar is performing the duties of AZO Operator while the plaintiff is performing the duties of Ferro Printer. On the pleading of the parties, the following issues were framed by the trial Court: " 1. Whether the plaintiff is entitled to pay scale of Rs. 1200 -2040 as alleged in the plaint ? OPP 2. Whether the suit is time barred ? OPD 3. Whether the suit is not maintainable ? OPD
(3.) WHETHER the plaintiff has no cause of action to file this suit? OPD;