Ramesh Chand & Ors. v. State of Haryana & Anr.

levels of employees i.e. unskilled, semi skilled and skilled. The first level is of unskilled category comprising helpers, cleaners etc. The second category is of Assistant Fitter, Assistant Electrician, Assistant Carpenter, Assistant Turner etc. The third level consists of fitter, mechanic, welder, turner etc. The appointment of Class IV employees in the Transport Department has always been made locally by the concerned General Managers from open market i.e. through employment exchange or through advertisement or by any informal selection process. Reference is made to one of the circulars wherein qualification for the post of helper was not prescribed. Therefore, it was sought to be canvassed that the petitioners are not entitled to pay scale of Rs.1200-2040/-. A perusal of the averments made in the writ petition and CWP No. 1188 of 1992 [4] the written statement would show that the helpers were appointed from time to time by the General Managers of the Haryana Roadways before the framing of the Rules in the years 1995 and

1998. Some of the General Managers have prescribed the qualification as that of matric and ITI, whereas few others did not prescribe such condition. The circular dated 23.8.1990 as modified subsequently on 26.7.1991 is a general recommendation regarding all technical posts in various departments for which minimum educational qualification prescribed is matriculate with ITI certificate/diploma from polytechnic. It may be noticed that in the amended writ petition, the petitioners relied upon the order dated 17.9.2002 (Annexure P.26) passed by the Division Bench of this Court in CWP No. 2032 of 2006 (Attar Singh and others v. State of Haryana and another), directing the respondents to fix the pay of the petitioners therein in the pay scale of Rs.1200-2040/- with effect from 1.5.1990. The petitioners in the aforesaid case were helpers in the Haryana Roadways. This Court held that matriculate and ITI certificate/diploma holders would be entitled to the revised pay scale of Rs.1200-2040/- as they were appointed on the basis of such qualification circulated by the General Manager. The relevant extracts from the said judgment read as under:- “After hearing the learned counsel for the parties and having given our thoughtful consideration to the entire controversy, we find that the present petition deserves to succeed. It is not in dispute that the petitioners did possess the qualification of matriculation with ITI certificates and it was only on the basis of the aforesaid qualifications that they were actually appointed in the workshop run by the Haryana Roadways. The judgment of the Division Bench in Ram CWP No. 1188 of 1992 [5] Kishan's case (supra) wherein a direction had been issued to the State of Haryana to refix the pay of the petitioners according to their qualification the matriculation with ITI certificates supports the contention raised by the petitioners. Subsequently, a Single Bench judgment of this Court in Labh Singh and others v. State of Haryana and others, 1995(1) Recent Services Judgments 345 followed the directions issued in Ram Kishan's case (supra).” In CWP No. 7928 of 1993 -Ram Kishan and others v. State of Haryana and others referred to in the above order, this Court held as under:- “After hearing the learned counsel for the parties, we are satisfied that all the petitioners are matriculate and have also qualified I.T.I. Certificates. On the basis of these academic and technical qualifications, the petitioners are entitled to the pay scale of Rs.1200- 2040/- with effect from 1.5.1990 i.e. the date from which the other persons similarly situated are being paid. Accordingly, the petition stands allowed. The respondents are directed to refix the pay of the petitioners within a period of three months.” The Special Leave to Appeal against the judgment in Ram Kishan's case (supra) was dismissed on 15.3.1996 whereas Civil Appeal No. 7154 of 2005 against the judgment in Attar Singh's case (supra), was dismissed on 31.7.2007 along with bunch of other appeals, when the following order was passed:- “The impugned order of the High Court assailed in this appeal was based on the decision of the Division Bench of the High Court in the case of Ram Kishan & three Ors. v. State of Haryana in CWP No. 7928/1993 decided on 1st December, 1993. Against the said decision, the State preferred an SLP. The SLP of the State was dismissed by this Court on 15.3.1996. The High Court also relied on the decision in the case of CWP No. 1188 of 1992 [6] one Labh Singh. Still worse, no appeal has been preferred before this Court. It has attained finality. Since the SLP against Ram Kishan's case has been dismissed by this Court on the basis of which the present impugned order has been passed, we see no reason to interfere. The appeals, being devoid of merit, are, accordingly, dismissed.” Thus, the issue raised in the present writ petition is concluded in favour of the present petitioners, in terms of the decisions mentioned above. In the amended writ petition, the petitioners have claimed interest on the arrears of salary. Since there was a dispute regarding entitlement of the petitioners of the pay scale of Rs.1200- 2040/- and the fact that the Service Rules were not in force at the time of appointment of the petitioners, therefore, the entitlement to such pay scale was a debatable issue. Thus, I do not find that it is a case for grant of interest on the arrears of salary. Consequently, the present writ petition is allowed. The petitioners are held entitled to the pay scale of Rs.1200-2040/- with effect from 1.5.1990. The arrears be paid to the petitioners within a period of three months from the date of receipt of a certified copy of the order. March 8, 2010 (HEMANT GUPTA) JUDGE