V.S. Aggarwal, J. - (1.) RAM Avtar petitioner seeks a direction for higher pay scale on the basis of instructions dated 8.2.1994 or the pay scale equivalent granted to the juniors who were similarly situated.
(2.) THE facts alleged are that the petitioner was appointed as a Helper on daily wage basis on 10.7.1976. He was to be paid at the rates fixed by the Deputy Commissioner. On 28.8.1976 he was appointed as a helper on regular basis. He was appointed as Assistant Fitter vide order dated 22.4.1980 in the pay scale of Rs. 400 -600. The said pay scale was revised to Rs. 1200 -2040 with effect from 1.1.1986. It is further asserted that the petitioner passed the matriculation examination in March 1973 from the Board of School Education, Haryana, and thereafter also passed I.T.I, examination in the Trade of Diesel Mechanic from the Ministry of Labour, National Council for Training in Vocational Trade. Haryana Government issued instructions dated 19.4.1982 for the technical posts in various departments for which minimum educational qualification prescribed was Matric with I.T.I. Certificate. The pay scale was revised to Rs. 480 -760 w.e.f. 1.4.1979. The petitioner claims that he was Assistant Fitter having the requisite qualifications and was entitled to the seale of Rs. 480 -760 but was not granted the said pay seale The same scale was granted to Mansa Ram Mechanic. He was junior to the petitioner and was having similar qualifications. Similarly, Jai Bhagwan, Fitter, was junior to the petitioner and was also granted the pay scale according to the said instructions. Identical was stated to be the case of Rajbir Singh, Assistant Fitter, who is Junior to the petitioner. Thus, the petitioner claims that he is being discriminated. In addition to that, claim has been laid that, according to the government instructions dated 8.2.1994, an employee who has got promotion already but the pay scale of the promoted post is either equivalent or lower, is entitled to the benefit of higher standard pay scale. On these facts, the petitioner claims that he should be granted the higher pay scale.
(3.) IN the written statement filed on behalf of the respondents by the General Manager, Haryana Roadways, Charkhi Dadri, the petition as such has been contested. The respondents pleaded that pay scale of Rs. 480 -760 was given to the Technical posts in various departments for which the minimum qualification prescribed was Matric with two years I.T.I. Certificate w.e.f. 1.2.1981. The petitioner was promoted as Assistant Fitter on 22.4.1980, Me was not entitled to the said scale. Sh. Mansa Ram, who the petitioner claims has been granted the same pay scale, was stated to have been appointed to the post of Fitter. The qualifications are Matric with I.T.I. Certificate and, therefore, he was granted the pay scale of the Technical post. The respondents claimed that Mansa Ram, in any case, is senior to the petitioner. As regards Jai Bhagwan, he was, admittedly, junior to the petitioner. He filed a Civil Writ petition No. 4185 of 1987 for the grant of pay scale of technical post. It was as per decision of the Court that the said Jai Bhagwan was given the pay scale of Rs. 480 -760. So far as Rajbir Singh is concerned, he too had been given the name pay scale because of the writ petition. Lastly vis -a -vis the instructions dated 8.2.1994, the respondent claimed that the employees who have taken two promotions during their service were not entitled for higher standard pay scale.;