Partly allowed

Ram Rattan and Others v. State of Haryana and Others

Punjab & Haryana HC22 May 2012CWP/13519/2011

Case brief

AI extract

What is this about?

The High Court at Chandigarh disposed of multiple writ petitions regarding pay scales for Constable Wireless Operators. The court granted a revised pay scale of Rs. 1200-2040 to petitioners appointed before 1.5.1990 but directed the government to consider recommendations for post-1990 appointees.

What did the court decide?

Pay scale of Rs. 1200-2040 from 1.5.1990 granted for arrears restricted to 38 months. Petitioners appointed post-1990 directed to consider government recommendations for parity.

Ram Rattan and Others Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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8401of2011 1 fC Parkash Om 2014.07.11 12: 13 lN THE HIGH COURTCHANDIGARHOF PUNJAB AND HARYANA AT J Il

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DateofDecisionl 052012

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CWPNo 8401of201 1 SumitraDevi andothers OeeeePETITIONERS VERSUS StateofHaryanaandothers eeeeeRESPONDENTS CWPNo 7908of2011 1 AnoopSingh^{and others} eeseePETITIONERS VERSUS StateofHaryanaandothers eeeeeRESPONDENTS CWPN0 13518of2011 ShamsherSinghandothers eeeeePETITIONERS VERSUS StateofHaryanaandothers RESPONDENTS CWPN0 13519of2011 J Ram Rattanandothers 000ePETTTIONERS VERSUS StateCWPNoofHaryanaandothers RESPONDENTS 13533of2011J SudershanKaur andothers eeeeePETITIONERS VERSUS StateofHaryanaandothers CWPN0^13534of2011 RakeshKumar andothers eeeePETITIONERS VERSUS StatcofHaryanaand others seeeRESPONDENTS

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0 CWPNo 15712of2011 Ranbir Singhand others VERSUS StateofHaryanaandothers SeeeRESPONDENTS CWPNo 15713of2011J Tajpal^andothers ePETITIONERS VERSUS StateofHaryanaandothers eeeeeRESPONDENTS CWPNo 15714of20111 4 RaienderPal andothers eeeeePETITIONERS VERSUS StateofHaryanaandothers CWPNo 15715of2011^A SumanBala andothers PETITIONERS VERSUS State and others eseeeRESPONDENTS CWPNo 15732of20111 Singh^and others 00e00PETITIONERS VERSUS StateofHaryanaandothers CWPN0 15749of2011 1 Babloo andothers OeeeePETITIONERS VERSUS StateofHaryanaandothers eRESPONDENTS

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CWPN0 8401of2011 3 Parkash Om 2014.07.11 12: 13 4 CWPNo 7362 of2012 ShashiBala andothers eeeeePETITIONERS VERSUS State andothers eeeeeRESPONDENTS

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CORAM2 HONBLE MR JUSTICE AUGUSTINE GEORGE MASIH PRESENT Mr^{Namit KumarAdvocate} for thepetitioner Mr^Harish ee Sr DAG Haryana

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AUGUSTINE GEORGE MASIH J

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By^{thisorderIproposeto} dispose^{of13 writ petitions1e} CWP Nos908 8401 13518 13519 13533 13534 1571215713 15714 15715 15732 15749of 2011 and 7362 of 2012 as common questionsof facts^andIaware involvedⁱⁿ these^writ petitions

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Petitionershave approachedthis Couit prayingfor^awrit of mandamusdirectingrespondentsto grantthem pay scale of Rs 1200m2400w Ol1990 or with effect from the date of appointmentwhicheveris^Iateras revised from time to time and fix their payand arrears along^{withinterest in} View of^the notification^dated 2671 991^as grantedin the vanous judgmentspassed by^thisCourt dealing^{withthisverynotification} along^with all consequentialbenefits All petitionerspossess qualificationsof Matric^{orabovewithout} 11 exceptpetitionerⁱⁿ

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CWP No13518 of 2011wherepetitionerNo l to 8 possess B degree^without 1 l and petitionerNo 9 is Matric with l1 and petitionersin CWP No 7908 of 2011 where the petitionersare ex servicemen and since their Armyqualificationhas been treated as equivalentto T1 they^are claimingthe benefit of pay scales Since the instructionsdated 261991 came into effect from Ol1990 the date of of the petitionersis also relevant All petitioners^have been appointed^pnor to Ol1990 except petitionersin CWP No13518 of 2011^and petitionersNo 10 and 11 in CWP No 7362 of 2011and petitionersNo and 4 in CWP No 7908of 2011

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2 0 Petitioners contend that they are workingas Wireless 1eva in the of Police^and since the post on which r they^are working^{isatechnicalpost} they^{areentitledto thetechnical} 1 payscale which has been grantedbythe Stateof Haryanaas perits notificationdated 26 1991ⁱ Rs 12002040^w 7 Ol1990 1 Prior to the issuance of the notificationdated 26 1991 different Il pay scales were prescribed^forall the technical postsⁱⁿ vanous for which^rnInimum educationalqualificationprescribed was Matric with TIPolytechnicCertificatele Rs 750940 Rs 775e1025Rs004150 R 9504400 and R 9504500 Vide this notificationdated 261991 a decision was taken to modifyentry No 40 in Annexure A of GovernmentInstructionsdated 23 1990 as prescribed^IS

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Matric with T1 from pay scales would be Rs 9501400 and underthe head modified scale of pay it was rnentioned recruitment of noneMatric be stopped The modification providedthat for the technical postsⁱⁿ vanous for which the minlmum educational prescribed^{isMatric with1T} l the modified pay scales ne1 Ol 1990 shall be Rs 12002040 and entry40A was providedwhich^statesthat for technical posts in various for which^minimum educationalqualificationprescribed IS onlyl Tl from Polytechnicwithoutinsistence on Matric the modifiedpay scale would be Rs 9501400 Allthe petitionersWho are possessingthe of Matric^andare workingon technical posts claim pay scale of Rs 12002040^w O051990 The said benefit despiterepresentationsubmittedby the petitionershavingnot been accepte d espiterecommendations made by the InspectorGeneral of Police TelecommunicationS Haryana^{videMemodated} 058201 1^tothe Director General of Police Haryanapetitionershave approachedthis Couit byway of these writ petitions It has fuher been stated that Wireless Operatorsof^Home Guards Haryana^havebeen granted^thepay scale of Rs 12002040^1e f Ol1990 vide notiOcation^dated 231990 which benefit has not been grantedto the petitioners althoughtheypossess^thesame qualifications^and are performing same duties^as Wireless Operators

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Counsel for the petitionerscontendsthat the petitioners

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are entitledto the technical pay scale as claimed by them on the ground^that they^are working^{onthe technical} posts^{andhave been} discriminatedagainst^VlSVlS the Home Guard Wireless who are peiformingthe same functionsand duties as the petitioners His^contention is^thatall petitionerswho have been initiallyeither appointed^as ConstableWirelessOperators^or have been after recruitment

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as Constables appearedand passed the aptitudetest for the post of Constable Wireless Operatorshave been converted from the post of Constableto the ConstableeWirelessOperatorsare entitledto the technical pay scale despitetheynot possessingthe of 1

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PetitionersNo 1 to 8 who possess the degreeof B in CWP No13518 of^2011have been appointedin pursuance^toan advertisementdated 09 1989whereeforadvenisement^was issued for to the postof ConstablewWireless Operatorsand the prescribedtherein^was Sc or Matriculationwith Radio and T1 Diploma^froman T and thus theyare entitled to the technicalpay scale^as Sc degree^{hasbeentreatedas} equivalent to Tl by^the respondents^themselves As^Petitioner No 9ⁱⁿ CWP No13518 of 2011 possess the qualificationof Matric with 11 thus he is entitled to the benefit of instructionsdated 267 1991 As regardsPetitioners Nol and 2 in CWP No7908 of²⁰¹¹ he submits that they^are Exservicemen and the qualificationsobtained

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by^them during^their Army^seIvice stand equatedand recognizedby the Governmentof Haryanavide its notificationdated 21 1972 and in any case he^contends that petitionersNol and 2 were appointed^as ConstableNireless Operatorsprior to Ol 5 1990 which itselfentitlethem to the technicalpay scale w Ol1990 and petitionersNo 3^and 4^from the date of^their as Wireless Operatorsalthoughthey^were appointed^as Constables prior to Ol 1990in the Iightof their Armyqualifications1 support of these contentions counsel for the petitionershas placedreliance upon the of^this Courtⁱⁿ CWP No 2579^of1997 titled^as Mukesh Kumar^vs State of Haryanaand others to contend that the instructionsdated 267 991 are applicable^tothe Police DepaitmentSimilarlyin CWP No 15535of 1990 titledas Sandeep Mehta and others vs State of Haryanaand another decided on 12092002 this very aspect was reiterated with regard to the

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of the instructions^to the Police DepattmentA Special Leave to AppealCivillNo 6402 of 2003 this was disrnissed bythe SupremeCoun vide order dated 1 022005 Counsel for the petitionerscontends that it has been held by this Coutt in CWP No 18754 of 1991 titledas Gurdev Singhand others VS State of Haryanaand others decided on 1812010 that if the petitionershad^the requisitequalificationsto hold the post at the time of their recruitmenttheywouId be entitledto the technical pay scales even if the qualificationprescribedis changedsubsequentlyHe

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refers to the judgmentof this Coutt in CWP No 6927 of 2009 titled

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as Suresh Kumar and others VSe State of Haryanaand others which^was a case of Wireless Operatorsin the Police of Haryana^where this^Coun relying^uponGurdev Singhs supral proceededto grantthe petitionersthe technicalpayscale^on the groundthat theywere workingon the technical posts On this basis he contendsthat the petitioners^are entitledto the technical pay scale^as theyare holdingthe technical posts

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As regardspetitionerswho have^been

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appointed^after Ol1990 and do notpossessTl or equivalent he contendsthat there^can be^no discriminationbetweenthe employees on the basis of the date of within the class and cadre when theyare the same duties Since their duties^are technical in nature and theyare holdingtechnical posts they^are entitledto the technicalscalesThe ofthis Courtin Gurdev Singl case SuPral^does not between employees appointedprior^or after Ol 1990 He has^also placed^reliance upon^a judgmentof the SupremeCourt in the case of State of Punjab^{andanothervslresh} Kumar Sharma 2010 41SCT 490 to contend that similar benefit should be grantedto all if the same has been extended to^some employeesfalling^inthesame cadre Pressing^forththe principle^ofequal pay^{forequal worK} he^has placedreliance^uponthe judgmentof^the SupremeCouttⁱⁿ Alvaro Noronha Ferriera vs Union oflndia 1999 21SCT685 to contend

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that an employer^would be^boundto go by the^substanceIll consonance with the grantof equalpay for equalwork and grant bene6t He contendsthat nature of work dutiesand in Police are same of the Wireless Operators as Wireless Operatorsin the Home Guard and therefore there cannot be any discriminationand they need to be treated similarly^{Reliancehasalsobeen} placedupon^the judgment^ofthe Supreme^Court in Commissioner and Secretaryto Government of Haryana^andothersVS Ram SarupGanda and others 2007 SCT 476 to contend that nonegrantof technical pay scales to the seniors would amount to discrimination and^an anomalywould be created resultingin juniorsgettinghigherpaythan the seniors and therefore the seniors would be entitledto steppingUpof their pay equivalent to that of their juniors He prays^that these writ petitionsbe allowed

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On the other hand counsel for^the respondenttate submitsthat exceptfor petitionersIll CWP No13518 of 2011 none of the petitionerspossesses the prescribedfor appointment^to the post of ConstableWirelessOperators^as advettised^on 09081⁹⁸⁹ 4nnexure Pe171ⁱⁿ CWP N 8401 of 2011 1e thus contends that the petitionersare not entitled to the technicalpay scales as theydo not fulfilthe requirementfor grant of the technical pay scale of Rs 12002400 as provided^under instructionsdated 261 991 He^{contendsthatnone} of^the

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petitionerswas appointedas Constabie Wireless Operatorsexcept for petitionersNo 1^and 2ⁱⁿ CWP No 7908 of²⁰¹¹ and all of^them were either postedor deputedin Wing They wereall recruited^as General DutyConstablesand since theydo not possess the they^{arenotentitledtothepay} scales which have been claimed by them throughthese writ petitions Reliance has also been placedby the counsel for the respondents upon the judgmentof^the SupremeCounⁱⁿ Civil AppealNo328 of 1995 titled as State of Haryanaand others vsJagat Singhand others where similarlyplaced to the Police

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had approachedthis Court for grantof the technicalpay scaleof Rs 1200e2040which relief^was grantedbythis Court but the same was not acceptedby the SupremeCourt vide its dated 1 081997 His contentionis that the pay parityclaimed by the petitionerswiththe employeesof the other^civil was rejected^Ollthe groundthat there^were otherbenefitsgranted^tothe employeesof^the Police which^are not applicableto the employeesof the^civil and the same would disentitle themto the beneOtof technical pay scales His fuither contention^IS that the claim of the petitionersIS based upon the grantof technicai pay^scaleto theNireless Operatorsof^the Home Guard Depanment which cannot be acceptedat this stageas the matter^IS pending considerationwith the Director General of Police Haryana^and therefore this groundof discriminationcannot be pressedbythe

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petitionersat this stage he praysfor dismissal of the Writpetitions

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have heard the counsel for the partiesand have gone

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throughthe recordsof the case

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For disposalof the claims^as asserted bythe petitioners Itl thesewrit petitionsthe same will haveto be dividedinto two sets of petitioners1e who have been appointedpnor to Ol 51990 and othersafterthis date Itcould not be disputedbythe counsel for the respondentsin the Iightof the judgmentpassedby this Court in the cases of Suresh Kumar lpral^and Sandeep^Mehta supralagainst^which Special^Leaveto Appealpreferredby^{the State} stands dismissed that instructionsdated 267 1991 would applyto

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the of Police Haryana^whichreadas follows

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Subjectl^{Revisionofpay scales ofTechnicalPosts} Sir

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am directed to inviteyour attention to the subject noted above and to say that the pay scales of^some technical postswere revised as followsvide entryNo0 in Annexure A of Govt InstructionsNo 612313PR IDle88 dated23 August19901

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Sr No Name of post ExistinqPav Modified Pav Scale Scale for 950e1400 Recruitmentof which minimum noneMatricbe

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		2 It has now been decidedto modifythe aboveentry
		as underl
	Sr No	Nameofthe Post ExistinqPav ModifiedScaleof
1		Scaleas on Pav 1 5 1990
r 20		11986
0	40	General 75040 12002040
0		Recommendations 7751025
X 0		regarding technicalposts8004150
X		in various 9504400
Z		for whichminimum 9501500
		Educational Qualifications
1		prescribed is Matric with ITI
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r	40A	General Recommendations750940 950m1400
Z		regarding technical posts 7754025
a		inidf which 8001150
S7		varousepttsor minimumeducational 9501400
3		qualification prescribedis
ll		only ^ITI
		fromPolytechnic without
		insistence ^on Matric
	3 Th	eabove shall take effect from 1 1⁹⁹⁰

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A perusalof the above would show that as per entryNo

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40 in Annexure A of Government Instructions dated 231990

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minimum educational qualificationsfor^{the technical} posts^came to

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be prescribed^as tvlatric with Tl from Polytechnicand it was furtherstatedthereinthat recruitmentof non Matric be stopped meaningtherebythat there^were either^no minimum prescribed^for to the technical posts^or the^same were prescribed^buttherewas differenceⁱⁿ in different Whereverthe technical posts existed for which minimum educationalqualificationprescribed^was to be Matricwith T1 the pay scales were modifiedvide Instructions dated 261991 as Rs12002040 As IS apparentfrom the adveltisementdated 091989 Innexure P17 in CWP No 8401 of 20111the prescribed^were Sc or Matriculation with Radio^or T1 Diploma^froman 11 Thus Operators^{who were} appointed^{tothe said} post prior^to Ol1990 of their possessingTl Certificate^or not beingMatrlC would be entitledto the pay scale of Rs 12002040 Reference^lll suppoItof this conclusion of^tTlinecan be^madeto the of this Coutt in Gurdev Singhscase supral where^it was^held as followsl

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U ThUs if the petitioners^had the requisite qualifications^to hold the post at the time of their recruitment any qualificationprescribed will not affect their rightto hold the post^or their entitlement for the revised pay scales^on the groundthat theydo not possess the qualificationprescribedIater^on

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Inthe Iightof the aforesaid and in view of the which can be placedwith item No 40 of pay^revtsion rules of 1986 the petitionersif working^on technical posts cannot be deprivedof the revised pay scales of Rs 120020401either^on the groundthat they are nonnatric or that theyare ITI or not or even theyare having^{trade certificateofa} differenttrade to According the Memo No 611988noticed in Labh Singhs threeyears experiencein trade was also to be considered as equivalentto ITl ll

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CWP N 8401 13519 13533 15712 15713 15714 15732 and 13518of 2011^are allowed as also qua petitionersin CWP No 7362of petitionersNo 310 and 11 and CWP No 7908 of 2011 qua petitionersNol and 2 stands allowed are directedto grantthe pay scale of71200 2040 we Ol1990 as revised from time to time to the petitioners within three monthsfrom the date of receiptof certifiedcopy of this order However the arrears shall be restricted to 38 months

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to the date of filingof the writ petitionsbythem

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PetitionersNo and 4 in CWP No 7908 of 2011 have been appointed^as Constable Wireless Operatorsafter Ol1990 They belong^to the Exserviceman Categoryand possess qualificationsof Matric^and Trade Gertificateobtainedby

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them underthe Trades authorizedin Defence Services Qualifications for Soldiers 1958 These qualifications possessedby the petitionershave been dulyrecognizedby the Government of Haryana^vide notification dated 21 1972 64nnexureP4A in CWP No 7908 of 20111Since the petitioners the possess said qualificationswhich have been declared as equivalent to Matric with ITl ceitificate in Radio Mechanic the petitioners^{areheldentitled to} the technicalpay scale of Rs 12002040^with effect from^the date of their appointment as ConstablesNireless and as revised from timeto time4rrearsshallbe restrictedto 38 months priorto the date of filingof^the writ petitionand the same be paidto the petitioners withinthree monthsfrom the date of receiptof certifiedcopy of^this order

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Now movingon to the claim of the petitionerswho have been appointedafter OO5990 on the post of ConstableNireless Operatorsand do not possess qualificationsof 1 Ie petitionersIll CWP NOS13538¹⁵⁷¹⁵ and 15749of 2011and petitionersNo 10 and 11 in CWP No 7362 of 2011 their claim needs to be directedto be considered WirelessOperatorsof HomeGuard DepanmentHaryanahave^been granted^thesaid pay scale^and their^nature of^work responsibilities and dutiesare virtuallysimilar and rather more technical This claitn of the petitiooersand similarlyplacedemployeesstand

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recommended by the General of Police

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Haryana^{totheDirectorGeneraiofPolice} Haryana^{Inthese recommendationsdated} 058Oll in paras 1 to 3 it has been stated as follows

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l Vide Commissionerand to Govt Haryana Finance Letter No 612313PRFDle88dated 208 1990 the pay scaies of Wireless Operatorsof Home Guards Haryanawere modified^we Ol 90^as detailedⁱⁿ AnnexureAcopy enclosedlfrom R 950 15001to Rs120020401m 2 Wing IS a Technical Wingand its nomenciature^was changed^from wireless to This IS communication network to the Police as well as share communication with the Police of the states and Central Securityagencies to maintainthe Iaw and order in the state Officials of this wingoperate^the wirelesssets^on thevariouschannels^as well as the computerswith the advanced hence^a provisionof specialpaywas made at the time of the enlistmentof the existingcivilian Radio Personnelof this wingunder Section 20f the Police Act 1861 vide Govt Memo No 62384e60117180dated 18 May 1960 copy enclosedl^{andthereafter} this^{wing was} bifurcated^In Punjab8 Haryana^{Statein1966 andatpresent} operators

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CWP Noe 8401of2011

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Noe 8401of2011of2011 17 l Parkash Om11 2014.07.11 12: 13 constablelare beinggivenspecialpay R 601 Thus the dutiesof Wing^{aremore Technicai} than an operatorof Home Guards but the pay scales of the operators constablelof this winghave not been modifiedas of the operatorsof HomeGuards they^are getting^{inferiorpayscale} since Ol 1⁹⁹⁰ which is an anomalyⁱⁿ the pay scales hence the of this wing^are also required^to be granted^at Ieast^same modifiedlpay scale^as grantedto the WirelessOperatorsof HomeGuards

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3 It iS therefore requestedthat State Govt may kindly^{berequestedto} grantthe modifiedpay scales^to the operatorsConstablelof Wing^as granted^to the Wireless Operatorsof Home Guards vide aforementionedFinance Ietter so that the

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anomaly^{in the pay scaletaken} placecould^{be rectifierl}

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In view of the above thereappears to be substance and merit in the

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recommendationsmade by the InspectorGeneral of Police which need to be considered and at an early date bythe GovernmentThe Court Could haveproceeded to decide this issue of discriminationbut Slnce the matter is already recommended and pending^{consideration} of the competent

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thereforeⁱⁿ the opinionof the Coutt it would be just and appropriate^thatthe decision be^taken by^the Governmentat^itsown

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Ievelfirst

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n CWPNoe 8401of2011

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m C 0 0 2E t5 S e e a

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these petitionsare disposed^of and a directionis issued to the Financial Commissionerand to the Governmentof Haryana of Home Affairs and

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of Finance Haryanaas also the Director General of Police Haryanato consider and decide the recommendationsmade by^the Inspector^General of^{PoliceTelecommunications} Haryana vide his Memo No 3751CRC41dated 05082Oll within^a periodof three

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months from the date of receiptof certifiedcopy of the order Decisionso taken be conveyedto the petitionersfonhwith

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Photostat copy of this order be placedon the papere

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booksof otherconnected

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cases

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