- (1.) By way of this order, we shall dispose of 16 appeals bearing LPA Nos. 1847 of 2011, 15, 365, 378, 1135 to 1137, 1139, 1151, 1213, 1218, 1246, 1247, 1316, 1347 and 1362 of 2012 as the questions of law and facts involved in these appeals are similar. Out of these appeals, LPA No. 1847 of 2011 is filed by the employee, whereas all other appeals have been filed by the State of Haryana against the order of the learned Single Judge.
(2.) We would first deal with the LPA No. 1847 of 2011 titled as "Narinder Kumar v. State of Haryana and others ". The facts in brief are that the appellant in this case was appointed as Electrician on 01.10.1990 on daily wage basis. However his services were inadvertently regularized to the post of Mali-cum-Chowkidar w.e.f. 01.02.1996 instead of Electrician. It is further alleged that the appellant made a representation in this behalf to respondent No. 4 who, vide his letter No. 9313 dated 27.09.1996, apprised respondent No. 3 that the services of the appellant and some other employees have wrongly been regularized to the post of Mali-cum-Chowkidar, whereas they were working as Electrician Helper etc. The said request was duly considered and accepted and vide order dated 11.10.1996, that inadvertent mistake was rectified by modifying the designation of the appellant as Electrician Helper. The appellant made a representation for grant of pay scale as per notification dated 26.07.1991, which was rejected on 12.12.2008. Then he filed CWP No. 807 of 2010 for quashing the said order and for grant of pay of Rs. 4000-6000 from the date he acquired the qualification of Matric with TTI. The writ petition was allowed on 19.01.2010 by the learned Single Judge with a direction that he be released the revised pay scale of Rs. 1200-2040 from the date of revision in the pay scale i.e. 01.05.1990. The respondent-State filed LPA No. 1021 of 2010 against the order dated 19.01.2010 which was disposed of on 13.10.2010 relegating them to avail the remedy of filing review application before the learned Single Judge. Accordingly, Review Application No. 385 of 2010 was preferred by the respondent before the leaned Single Judge wherein the appellant conceded that he is entitled to the pay scale of Rs. 4000-6000 w.e.f. July 1998 when he acquired the qualification of ITI in addition to Matric and not from 01.05.1990 i.e. the date of the relevant instructions. Accordingly, the review application was allowed and the writ petition was ordered to be listed for hearing as per the Roster. It is further alleged that the learned Single Judge, before whom the writ petition was re-listed for hearing on merits, dismissed the writ petition vide impugned order dated 23.08.2011 observing that he was appointed as Mali-cum-Chowkidar and now working as Assistant Electrician. He may be I.T.I. qualified but the post of Assistant Electrician is not a technical post for which I.T.I. is the requisite qualification and hence, he was not held entitled to technical pay.
(3.) Learned counsel for the appellant has submitted that the appellant was initially appointed as Electrician on daily wage basis w.e.f. 01.10.1990 which is apparent from the letter bearing Memo No. 1130 dated 03.11.2008 (Annexure P-8 with the writ petition). Due to inadvertence on the part of the Department, he was regularized on the post of Mali-cum-Chowkidar instead of Electrician Helper but the said mistake was rectified on 11.10.1996 and his designation was changed to the Electrician Helper.;