- (1.) By this order, I propose to dispose of 13 writ petitions i.e. CWP Nos. 7908, 8401, 13518, 13519, 13533, 13534, 15712, 15713, 15714, 15715, 15732, 15749 of 2011 and 7362 of 2012 as common questions of facts and law are involved in these writ petitions. Petitioners have approached this Court praying for a writ of mandamus directing respondents to grant them pay scale of Rs. 1200-2400 w.e.f. 01.05.1990 or with effect from the date of appointment whichever is later, as revised subsequently from time to time and consequently fix their pay and arrears along with interest in view of the notification dated 26.07.1991 as granted in the various judgments passed by this Court dealing with this very notification along with all consequential benefits. All petitioners possess qualifications of Matric or above without I.T.I. except petitioner in CWP No. 13518 of 2011where petitioner No. 1 to 8 possess B.Sc. degree without I.T.I. and petitioner No. 9 is Matric with I.T.I. and petitioners in CWP No. 7908 of 2011 where the petitioners are exservicemen and since their Army qualification has been treated as equivalent to I.T.I., they are claiming the benefit of pay scales. Since the instructions dated 26.07.1991 came into effect from 01.05.1990, the date of appointment of the petitioners is also relevant. All petitioners have been appointed prior to 01.05.1990 except petitioners in CWP No. 13518 of 2011 and petitioners No. 3, 10 and 11 in CWP No. 7362 of 2011 and petitioners No. 3 and 4 in CWP No. 7908 of 2011.
(2.) Petitioners contend that they are working as Wireless Operators in the Department of Police and since the post, on which they are working, is a technical post, they are entitled to the technical pay scale which has been granted by the State of Haryana as per its notification dated 26.07.1991 i.e. Rs. 1200-2040 w.e.f. 01.05.1990. Prior to the issuance of the notification dated 26.07.1991, different pay scales were prescribed for all the technical posts in various departments, for which minimum educational qualification prescribed was Matric with I.T.I./Polytechnic Certificate i.e. Rs. 750-940, Rs. 775-1025, Rs. 800-1150, Rs. 950-1400 and Rs. 950-1500. Vide this notification dated 26.07.1991, a decision was taken to modify entry No. 40 in Annexure 'A' of Government Instructions dated 23.08.1990 which stated that minimum educational qualification, as prescribed, is Matric with I.T.I. Certificate/Diploma from Polytechnic, pay scales would be Rs. 950-1400 and under the head 'modified scale of pay', it was mentioned, recruitment of non-Matric be stopped. The modification provided that for the technical posts in various departments, for which the minimum educational qualification prescribed is Matric with I.T.I. Certificate/Polytechnic, the modified pay scales w.e.f. 01.05.1990 shall be Rs. 1200-2040 and entry 40A was provided which states that for technical posts in various departments, for which minimum educational qualification prescribed is only I.T.I. Certificate/Diploma from Polytechnic without insistence on Matric, the modified pay scale would be Rs. 950-1400. All the petitioners, who are possessing the qualifications of Matric and are working on technical posts, claim pay scale of Rs. 1200-2040 w.e.f. 01.05.1990. The said benefit, despite representation submitted by the petitioners, having not been accepted despite recommendations made by the Inspector General of Police, Telecommunications, Haryana, vide Memo dated 05.08.2011 to the Director General of Police, Haryana, petitioners have approached this Court by way of these writ petitions. It has further been stated that Wireless Operators of Home Guards, Haryana, have been granted the pay scale of Rs. 1200-2040 w.e.f. 01.05.1990 vide notification dated 23.08.1990, which benefit has not been granted to the petitioners although they possess the same qualifications and are performing same duties as Wireless Operators.
(3.) Counsel for the petitioners contends that the petitioners are entitled to the technical pay scale as claimed by them on the ground that they are working on the technical posts and have been discriminated against vis-a-vis the Home Guard Wireless Operators who are performing the same functions and duties as the petitioners. His contention is that all petitioners, who have been initially either appointed as Constable-Wireless Operators or have been, after recruitment as Constables, appeared and passed the aptitude test for the post of Constable Wireless Operators, have been converted from the post of Constable to the Constable-Wireless Operators, are entitled to the technical pay scale despite they not possessing the qualifications of I.T.I.;