STATE OF HARYANA AND OTHERS Vs. TARSEM KUMAR AND ANOTHER
LAWS(P&H)-2012-11-327
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 07,2012

STATE OF HARYANA AND OTHERS; SATISH KUMAR AND ANOTHER Appellant
VERSUS
TARSEM KUMAR AND ANOTHER; STATE OF HARYANA AND OTHERS Respondents

JUDGEMENT

- (1.) LPA No. 942 of 2012 arises out of judgement dated 13.02.2012, rendered by a learned Single Judge in CWP No. 3349 of 2011, titled as Tarsem Kumar and another Vs State of Haryana and others whereby claim of the petitioners in the said writ petition (respondents herein) to the technical scale of Rs. 4000-6000 is found to be justified and the government is directed to give them the said pay scale instead of pay scale of Rs. 3050-5325 given by the government.
(2.) On the other hand, LPA No. 1309 of 2012 is filed against the judgement dated 13.03.2012 passed in CWP No. 19127 of 2011, titled as Satish Kumar and another Vs State of Haryana and others. In that case, similar claim of the petitioners for grant of pay scale of Rs. 4000-6000 instead of Rs. 3050-4590, which was given to them is rejected holding that they are not entitled to this pay scale.
(3.) This appeal is preferred by those petitioners as appellants. At the outset, we would like to state that to lay claim for pay scale of Rs. 4000-6000, qualification of Matric pass with ITI Diploma is necessary, as it is a technical post. In the judgement dated 13.02.2012, the learned Single Judge has held that even when the petitioners in the said writ petition are not possessing Diploma in ITI, they have equivalent qualification which makes them eligible for the said pay scale. In the other case, the same learned Single Judge has not accepted the plea of equivalent qualification on the ground that as on the date of appointment of these persons there was no provision of equivalence and Diploma in ITI only was the condition.;


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