Allowed

Manjit Kaur & Ors. v. State of Haryana & Ors.

Punjab & Haryana HC15 Feb 2010CWP/14246/1993

Case brief

AI extract

What is this about?

This judgment quashed an order denying revised pay scales to Lady Social Workers. The court held that employees holding one-year diplomas who joined earlier were entitled to the enhanced pay scale applicable to those with two-year diplomas, ruling against discriminatory application of service rules.

What did the court decide?

Impugned order dated 31.08.1993 quashed. Petitioners entitled to modified pay scales of Rs. 1200-2040/- from the date of grant. Consequential benefits to be paid within four months.

Manjit Kaur & Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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CWP No.14246 of 1993 1

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In the High Court of Punjab and Haryana at Chandigarh

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Date of decision:15.02.2010

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Manjit Kaur and others Vs. State of Haryana and others

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CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI

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Present: Mr. V. Ramsarup, Advocate, for the petitioners. Mr.RS Kundu, Addl. AG, Haryana, for the respondents.

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PERMOD KOHLI, J. (Oral):

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The petitioners are working as Lady Social Workers in the Directorate of Welfare of Scheduled Castes and Backward Classes Department in the State of Haryana. Petitioner Nos. 1 to3 were duly selected by Subordinate Service Selection Board, Haryana and joined their duties on different dates in the pay scale of Rs.110-4-130/5-160/5225 plus usual admissible allowances. Petitioner No.4 was promoted to the post aforesaid from the post of Lady Attendant. The services of the petitioners were being regulated by the Punjab Welfare Department Class-III Service Rules, 1962 (hereinafter referred to as the “1962 Rules”). As per Rule 7 of the 1962 Rules, minimum qualification for direct recruitment for the post in question is Middle, knowing Hindi and Punjabi, preference to be given to Matriculate, holders of diploma in tailoring, cutting etc. of, at least, one year and able to teach social education, cooking, first aid, mending of clothes. Vide notification

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CWP No.14246 of 1993 2

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dated 15.2.1985, the Haryana Government laid down new rules regarding the recruitment and conditions of service in the department. With the revision of pay scales, the pay scale of Rs.110-225/- was changed to Rs.950-1500/-. This scale was further revised to R.12002040/- vide notification dated 23.08.1990. The posts held by the petitioners is of technical nature as clarified by the respondents vide letter dated 21.5.1991 (Annexure P-6). Vide letter dated 3.6.1993 (Annexure P-7) the Governor of Haryana had approved the grades mentioned therein of those Lady Social Workers having minimum qualification of Matric with ITI Certificate with effect from 1.5.1990 which have been denied to the petitioners on the ground that the petitioners are only holding one year diploma in cutting and tailoring and not of two years. The petitioners made representations for the relief claimed in this petition which has been rejected vide order dated 31.08.1993 (Annexure P-8) on the ground that the petitioners have one year's ITI Diploma. It is this order which has been challenged by the petitioners in the present writ petition on the ground that the enhancement of duration of Diploma in question took place in the year 1985 whereas the petitioners joined serviced much earlier and the enhanced duration of diploma is not applicable to them. The petitioners are claiming benefit/implementation of letter dated 03.06.1993 (Annexure P-7).

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It is agreed to by the learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by letter dated 03.06.1993 (Annexure P-7). The extract of the letter Annexure P-7 is as follows:-

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CWP No.14246 of 1993 3

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“Subject: Revision of pay scales of Lady Social Workers (Technical Posts).

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Reference your note dated 3.4.92 on the subject cited above.

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The Governor of Haryana is pleased to modify the pay scales from Rs.950-1500 to Rs.1200-2040 of those Lady Social Workers having minimum educational qualifications of Matric with I.T.I. Certificate w.e.f. 1.5.1990. The pay of the officials concerned may be fixed in accordance with normal rules. In future such Lady Social Workers having educational qualification Middle Pass with Hindi possess two years certificate/diploma in Tailoring cutting and embroidery be appointed in the pay scales of Rs.950-1400 after amending the departmental rules.”

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The aforesaid letter is fully applicable to the facts of the case of the petitioners. The duration of the Diploma was increased from one year to two years which came into existence only in the year 1985, whereas the petitioners were appointed much prior to that when only one year diploma was the requirement under 1962 Rules. Entry 40 in Annexure “A” of Govt. Instructions No.6/23/3PR (FD)-88 dated 23.08.1990 as also Annexure P-7, do not anywhere say that the modified scale of Rs.1200-2040 would only be granted to those Lady Social Workers, who were having two years Diploma/Certificate, as laid down in Annexure P-3. These rules only say that those Lady Social Workers having minimum educational qualifications

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CWP No.14246 of 1993 4

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of Matric with I.T.I. Certificate would be granted the modified scale. It is the admitted case of the respondents that the petitioners are Matriculates. The respondents cannot treat differently the similarly situated employees. The impugned order Annexure P-8 is contrary to letter Annexures P-4 and P-7 which clearly provide that all technical staff possessing Matric qualification with ITI Diploma, are entitled for the modified scale of pay. The action of the respondents is contrary to the provision of Rule 20 of 1985 Rules.

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In view of the above, the present writ petition is allowed. The impugned order dated 31.08.1993 (Annexure P-8) is hereby quashed and set aside. The petitioners are held entitled to the modified pay scales of Rs.1200-2040/- from the date which were granted vide letter dated 03.06.1993 (Annexure P-7). The consequential benefits be calculated and paid to the petitioners within a period of four months from the date a certified copy of this order is made available to the competent authority. No costs.

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(PERMOD KOHLI) JUDGE

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15.02.2010 BLS

Manjit Kaur & Ors. v. State of Haryana & Ors.

Case brief

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Manjit Kaur & Ors. v. State of Haryana & Ors.

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