Jawahar Lal Gupta, J. - (1.) Are the Sub-Divisional Engineers/Assistant Engineers working in the Haryana State Minor Irrigation Tubewells Corporation (Hereinafter to be referred to as the Corporation) entitled to parity of treatment in the matter of pay scales with the persons working on deputation with them as also those employed in the Public Works Department of the State Govt. ? This is the short question that arises for consideration in this case. A few facts may be noticed.
(2.) The petitioners are working as Sub-Divisional Officers/Sub-Divisional Engineers/Assistant Engineers in the Corporation. It is averred that these categories of posts are equal in rank and status. These are interchangeable. These are filled up by the Corporation either by direct recruitment or by promotion, or by taking personnel on deputation from the departments of the Govt. It is further averred that there are 27 officers working in this cadre who are on deputation from the Irrigation Department of the State of Haryana. According to the petitioners, they possess the same qualifications, discharge the same duties and perform the same functions as those possessed or performed by the persons taken on deputation. They further aver that there is no qualitative difference between the duties and responsibilities of the persons employed in the Corporation vis-a-vis those employed in the Public Works Department of the State of Haryana in its three branches known as Buildings and Roads, Public Health and Irrigation Branch. They also aver that their duties arc identical to those holding identical posts in the Haryana Electricity Board or the Haryana Urban Development Authority.
(3.) It is the case of the petitioners that the Corporation is wholly owned and controlled by the State Govt. It was carved out of the Irrigation wing of the Public Works Department and since its inception in the year 1970, a number of officers have been appointed to different posts by way of deputation. This Corporation has framed bye-laws which inter alia provide for the various conditions of service. Bye-law 5.1 (Part 5) inter alia provides that the grant of "the pay scale is subject to revision by the Board, which will, however, generally follow the partner adopted by the Govt. of Haryana from time to time." The petitioners have also referred to the Articles of Association to show that the Board of Directors of the Corporation has the exclusive power to "appoint at their discretion, remove or suspend such manager, secretaries, officers, clerks, agents and servants for permanent, temporary or special services, as they may from time to time think fit, and to determine their powers and duties and fix their salaries or emoluments and to require security of such amount as they think fit in such instances. In the first instance, officers and other staff shall be taken on deputation from the Irrigation Department, Haryana, subject to availability." The petitioners further were to Article 95 which authorises the Chairman to reserve matters raising important issues for the decision of the Govt. This Article, however, clearly provides that "in respect of matters reserved by the Chairman for decision of the Govt., if the Govt.'s views are not received within a period of two months, the Directors shall be entitled to Act in accordance with the proposal or decision without further reference to the Government".;