M.R. Agnihotri, J. - (1.) THE Petitioner in this writ petition is retired Additional Chief Electoral Officer of Haryana who has invoked the writ jurisdiction of this Court for the issuance of a writ of mandamus directing the State of Haryana to fix his pay in the scale of Rs. 7,300 - -7,600 with effect from 5th December, 1986, and to grant to him consequential benefits by way of arrears of salary and allowances, with retiring benefits of enhanced pension, gratuity, etc. to which benefits the Petitioner would have been entitled, had the necessary relief been granted to him before 31st December, 1987 - -the date of his superannuation from service.
(2.) BRIEFLY stated, the Petitioner was originally in the pay scale of Rs. 2,200 - -2,400 with special pay of Rs. 200 having the rank of Joint Chief Electoral Officer. This pay scale was revised to Rs. 2,500 - -2,750. without any special pay, which was also granted to him with effect from 5th December, 1986. On 29th April, 1987, the Government of Haryana revised the pay scales of various services with effect from 1st January, 1986, from Rs. 2,500 - -2,750 to Rs. 5,900 - -6,700. This pay scale was automatically released to the Petitioner also, because before the pay revision, he too was in the pay scale of Rs. 2,500 - -2,750 but with special pay. Similarly, the pay scale of the Engineers -in -Chief of Haryana P.W.D. which, earlier to the pay revision, was Rs. 2,500 - -2,750, plus Rs. 250 as special pay, was also revised, though to Rs. 7,300 - -100 - -7,600 (without special pay), that is, much more than the revised pay scale of the Petitioner which was Rs. 5,900 - -6,700. Feeling aggrieved of this disparity in the pay revision, he submitted a representation to the Secretary, Anomalies Committee, Haryana, Respondent No. 3, on 20th October, 1987. But the same was summarily rejected by the Respondents in December, 1987. This action, according to the Petitioner, is arbitrary and discriminatory, inasmuch as when the unrevised pay scale of the posts of Additional Chief Electoral Officer was well as the Engineers -in -Chief of Haryana was Rs. 2,500 - -2,750 plus special pay, and this pay scale was revised to Rs. 7,300 - -7,600 in the case of Engineers -in -Chief, the non -grant of this very revised pay scale to the Petitioner was violative of Article 16 of the Constitution of India.
(3.) IN the written statement filed by the Respondents, factual position has almost been admitted but the impugned action is sought to be justified on the ground that as the pre -revised grade of Rs. 2,500 - -2,750 was sanctioned to the Petitioner on 5th December, 1986, the revised grade of Rs. 5,900 - -6.700 was also allowed to the Petitioner with effect from the same date, that is, 5th December, 1986. It was further pleaded that the nature of duties and responsibilities of the post of Engineer -in -Chief were wholly different than those of the Additional Chief Electoral Officer, although both the posts were in the same pre -revised scale of pay.;