- (1.) This judgment shall dispose of this writ petition as well as Civil Writ Petitions No. 7805, 7941, 7947, 8289, 8307 and 8894 of 1990, 6220 of 1991, 1991, 14560 of 1992, 8922, 11864 and 14838 of 1994, 12399 of 1995, 13222 of 1996, 16738 of 1997, 15145 of 1999, 7307 of 2000 and 556 of 2001, as common question of law and facts is involved therein. Facts are taken from Civil Writ Petition No. 8172 of 1990.
(2.) In this petition, petitioners are challenging order dated 16.5.1990, Annexure P-6, whereby their pay scale has been reduced/revised.
(3.) In brief, the facts are that petitioners are working as Assistant Engineers/Executive Engineers in P.W.D. (B and R) Branch of the State of Haryana. Vide Haryana Government notification No. GSR 39/Const/Art/309/87, dated 29.4.1987, the pay scales of State Government employees were revised with effect from 1.1.1986. The question of further improvement in pay scales of HCMS (Doctors), DSP and Superintending Engineers was under consideration of the State Government for some time. After careful consideration, the Government vide order dated 16.5.1989 decided to revise the pay scales of those employees with effect from 1.5.1989, as indicated below :- JUDGEMENT_210_LAWS(P&H)8_2001(1).html Few days thereafter, the matter was considered further and the State Government decided to revise the pay scales of Doctors and Engineers with effect from 1.5.1989, as indicated below :- JUDGEMENT_210_LAWS(P&H)8_2001(2).html The afore-said order is indicative of the fact that HCMS (Doctors) (Class I and II and Engineers were to get pay scales of Rs. 4100-5300/- after completion of 12 years of regular service. Thereafter, an order was issued by the State of Haryana on 16.5.1990 (Annexure P-6) which was made applicable with effect from 1.5.1989 whereby the pay scale of Rs. 4100-5300/- was confined to HCMS (Class I and II), Engineers and Deputy Superintendents of Police who had completed 12 years of service and were within 20 per cent of posts in the respective cadre. The words "selection grade" were added to pay scale of Rs. 4100-5300/-. The relevant portion of order dated 16.5.1990 (Annexure P-6) reads as under :- JUDGEMENT_210_LAWS(P&H)8_2001(3).html;