- (1.) Petitioners have approached this Court praying for issuance of a writ of mandamus for stepping up of their pay equivalent to that of respondent No.4-Vazir Singh, who is junior to them and is drawing more salary than them from the date of joining with all consequential benefits.
(2.) Counsel for the petitioners contends that petitioner No.1 was appointed as a Helper on 22.3.1986 whereas petitioner No.2 was appointed as Helper on 23.7.1980. Thereafter, petitioner No.1 was promoted as Assistant Fitter on 17.6.1989 and petitioner No.2 on 4.6.1989. Respondent No.4 was appointed as a Helper on 2.8.1988 and was promoted as Assistant Fitter on 1.1.2000 and thereafter was promoted to the post of Fitter on 25.2.2010. He contends that respondent No.4 being junior to the petitioners could not have been granted the higher salary than the petitioners as Helper and Assistant Fitter and, therefore, prays for stepping up of the pay of the petitioners equivalent to that of respondent No.4. He contends that from 1.5.1990, petitioners are entitled to the fixation of the pay in the pay-scale of र 1200-2040 in the light of the Government instructions dated 23.8.1990 as also instructions dated 26.7.1991 apart from the fact that respondent No.4, who is junior to the petitioners had already been granted this pay scale w.e.f. 1.5.1990.
(3.) For support, counsel has placed reliance upon the judgment of this Court passed in CWP No.18754 of 1991 Gurdev Singh and others vs. State of Haryana and others, decided on 18.1.2010 wherein it has been held that despite an employee being non-Matric/non-ITI, if appointed prior to the issuance of the instructions dated 1.5.1990, as per the Rules/Instructions applicable at the time of recruitment, would be entitled to the grant of technical pay scale of र 1200-2040. On this basis, he prays that the writ petition be allowed.;