ARUN PALLI, SANJAY KISHAN KAUL, JJ. - (1.) THIS is an intra -court appeal, under Clause X of the Letters Patent, against the judgment rendered by the learned Single Judge, dated 25.08.2006, vide which the petition filed by the appellants was dismissed.
(2.) BRIEFLY , the case set out by the appellants for consideration, before the learned Single Judge, was that they were appointed as Government Food Inspectors in the Department of Health, said posts are either filled by direct recruitment or by way of promotion from Sanitary Inspectors, who are graduates. It was stated, that the pay scale of Food Inspectors was always higher in comparison to Sanitary Inspectors, as prior to 01.04.1979, the Sanitary Inspectors were in the scale of Rs.120 -250 and the pay scale of Food Inspectors was Rs.140 -300. With efffect from 01.04.1979, the Sanitary Inspectors were afforded the scale of Rs.420 -700 and the Food Inspectors were afforded the scale of Rs.420 -760. However, w.e.f. 28.12.1984, there was revision in the scale of Sanitary Inspectors and they were, accordingly, placed in the scale of Rs.525 -1050 but there was no revision in the pay of Food Inspectors. Subsequently, w.e.f. 01.01.1986, the Sanitary Inspectors were also granted the scale of Rs.1400 -2600 but the Food Inspectors were kept in the scale of Rs.1200 -2040. The Sanitary Inspectors were re -designated as Multipurpose Health Supervisors (Male) [for short, 'MPHS (M)'] and w.e.f. 01.01.1996 were placed in the scale of Rs.5000 -7850 though, the Food Inspectors who were holding the higher post, were still kept in the scale of Rs.4000 -6000. Thus, despite the fact that Food Inspector was a higher post in comparison to Sanitary Inspector and, resultantly, upto December, 1984, the pay scales of Food Inspectors were always higher vis -a -vis the feeder post of Sanitary Inspectors. However, post -December, 1984, Sanitary Inspectors were granted higher scale although it was Food Inspectors who always occupied the higher post and were entitled to higher scale. It was maintained that, certain Food Inspectors of the Department, who were identically placed, approached this Court vide Civil Writ Petition No.11021 of 1993 titled 'Ram Singh and others v. State of Haryana and others' with a grievance that they are holding higher posts, having higher qualifications and higher duties and responsibilities but still they are being granted the scale of the lower post and the said petition was allowed by a judgment dated 12.05.2000 (Annexure P -1).
(3.) IN compliance of the judgment rendered by this Court (Supra), the respondents granted the requisite scales to the petitioners in the said case and they were, accordingly, placed in the scale of Rs.600 -1100 w.e.f. 28.12.1984 and scale of Rs.1600 -2660 Rs.5450 -8000 w.e.f. 01.01.1986 and w.e.f. 01.01.1996.;