M.M. Kumar, J. - (1.) THIS petition filed under Article 226 of the Constitution prays quashing of order dated 6.2.2008 (P -8), passed by respondent No. 3 rejecting the claim of the petitioner for grant of revised pay scale of Rs. 950 -1400 w.e.f. 1.1.1986 and Rs. 3050 -4350 w.e.f. 1.1.1996 along with payment of arrears of pay scale as well as consequential benefits of pension etc. in terms of the Division Bench judgment of this Court rendered in the case of v. Sreedharan Nair v. State of Haryana (C.W.P. No. 1701 of 2000, decided on 21.8.2001), which was subsequently followed in the case of Prem Singh and Ors. v. State of Haryana and Ors. (C.W.P. No. 14792 of 2002, decided on 17.10.2003, Annexure P -l).
(2.) THE factual position in the present case is not in dispute therefore, we do not feel the necessity to discuss the same in detail. The controversy in the instant petition relates to grant of equal pay scale to the Book -Binders of the Kurukshetra University, Kurukshetra (for brevity, 'the University') which was being given to the Book -Binders working the Haryana Government Press. Prior to 1.1.1986 the Book -Binders of Haryana Government Press were in the same pay scale of Rs. 400 -600 which the Book -Binders of the University were drawing. The Government of Haryana revised the pay scale of Book -Binders of Haryana Government Press from Rs. 400 -600 to Rs. 950 -1400, vide notification dated 19.10.1987 while amending the Haryana Civil Service (Revised Pay) Rules, 1987. Later on, the Book -Binders of the University raised their grievance and represented that their duties and responsibilities are identical to the duties rendered by the Book -Binders working in the Haryana Government Press, therefore, they may also be given the revised pay scale of Rs. 950 -1400 w.e.f. 1.1.1986. Though the said claim was accepted by the University in principle but the same was not granted for want of approval from the State Government. Thereafter, the controversy traveled to this Court when one of the Book -Binder working in the University, namely, v. Sreedharan Nair filed C.W.P. No. 1701 of 2000 (supra). The Division Bench after considering the matter at length and discussing judgments of Hon'ble Supreme Court rendered in the cases of State of U.P. v. J.P. Chaurasia, A.I.R. 1989 S.C. 19 and Mewa Ram Kanojia v. : (1989)IILLJ578SC allowed C.W.P. No. 1701 of 2000 (supra) by holding as under: On the basis of the decisions referred to above by the learned Counsel for the petitioner as well as by the learned Counsel for the respondents, the first question to be determined is whether there is any difference in the duties or functions of the posts referred to above or whether there is any difference in quality of work discharged by the incumbents of the respective posts. So far as the averments made in the written statement are concerned, there is not even a whisper to indicate that the duties and responsibilities of the Binders employed in the University Press are different from the duties and responsibilities of Binders engaged in the Haryana Government Press. In Mewa Ram Kajojia's case (supra), the Supreme Court additionally held that employees could be classified on the basis of the qualifications so as to be denied equality in matters relating to pay scales. Insofar as the instant controversy is concerned, it is not the case of respondent Nos. 1 and 2 that the qualifications for appointment to the post of Binders in the University Press is different from the qualifications stipulated for binders in the Haryana Government Press. It is, therefore, evident that there is no justification, whatsoever, to deprive the petitioner the benefit of the pay scale of Rs. 950 -1400 with effect from 1.1.1986, i.e. at par with the pay scales the Binders engaged in the Haryana Government Press under the principle of 'Equal Pay for Equal Work. In view of the facts and legal position analysed above, the instant petition is allowed. Respondents Nos. l and 2 are directed to grant sanction/approval for the release of pay in the scale of Rs. 950 -1400 to the petitioner with effect from 1.1.1986.
(3.) SUBSEQUENTLY other Book -Binders also filed C.W.P. No. 14792 of 2002 (supra) which was also allowed by this Court vide order dated 17.10.2003 (P -l). It seems that the University has granted the benefit of pay scale of Rs. 950 -1400 w.e.f. 1.1.1986 only to those persons who have approached this Court and orders were passed in their favour despite the fact that this Court has decided the controversy in the case of v. Sreedharan Nair (supra).;