CWP No.12029 of 1998 1
IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH.
CWP No. 12029 of 1998
Date of decision: 31.1.2009
Rajbir Singh and others
....Petitioners.
vs.
Haryana State Electricity Board and others
..Respondents
CORAM: HON'BLE MR.JUSTICE J.S.KHEHAR.
HON'BLE MR.JUSTICE AJAY KUMAR MITTAL.
HON'BLE MR.JUSTICE SURYA KANT.
---
Present Mr.R.C.Chatrath, Advocate, for the petitioners.
Mr.H.S.Hooda, Advocate General Haryana, with
Mr.Gaurav Mohunta, Advocate, for HSEB.
Mr.R.K.Malik, Senior Advocate, with
Mr.Vishal Malik,Advocate,for the added respondents.
--
J.S.KHEHAR,J.
1. There are 12 petitioners in this case. All the petitioners were
inducted in the service of the Haryana State Electricity Board (hereinafter
referred to as “the HSEB”) from September 1986 to October 1988, as
Assistant Linemen. At the time of their appointment all the petitioners
possessed the qualification of matriculation, as well as, two years certificate
course of ITI/Polytechnic. Petitioner No.11 Rajbir Singh is stated to have
died during the pendency of the instant writ petition, whereas, the remaining
petitioners are stated to be continuing in the service of the HSEB.
2. It would also be pertinent to notice, that as a result of the
issuance of a notification bearing No.S.O.106/H.A.10/98/S/23,24,25/98,
CWP No.12029 of 1998 2
dated 14.8.1998, the HSEB went through a constitutional change. As a
result thereof, the petitioners came to be allocated to the Uttar Haryana Bijli
Vitran Nigam ( hereinafter referred to as “the UHBVN”).
3. At the time of appointment of the petitioners as Assistant
Linemen, they were placed in the unrevised pay scale of Rs.350-600, with a
selection grade of Rs.400-700 for 20% of the posts. Consequent upon the
revision of the pay scales introduced in the HSEB through Circular No.1
( Revision of Pay Scales)-Office Order No.384/Finance, dated 19.8.1987 the
pay scale of Assistant Linemen was revised to Rs.800-1150. The pay
scales of Assistant Linemen was again revised to Rs.825-1300 with effect
from 1.1.1986 through Circular No.391 (Revision of Pay Scales)-Office
Order No. 391/Finance, dated 2.11.1987.
4. Assistant Linemen working in the HSEB/UHBVN were
aggrieved by the fact that they had been placed in the pay scale of Rs.825-
1300 with effect from 1.1.1986. They accordingly made representations to
the authorities through their Unions/Associations/Federations including the
HSEB Technical Employees Union. So as to examine the representations
made by various sections of the employees of the HSEB/UHBVN, a
Committee was constituted, through an office order dated 19.1.1989. It is
the case of the petitioners that the aforesaid Committee found merit in the
claims raised on behalf of the Assistant Linemen, and accordingly,
recommended that the pay scale of Assistant Linemen be modified from
Rs.825-1320 to Rs.1200-2040, with effect from 1.5.1990. It is pointed out
that the aforesaid recommendation was implemented for the cadre of
Assistant Linemen through Circular No.66 (Revision of Pay Scales)-Office
Order No.511/Finance dated 7.2.1991 (Annexure-P3).
CWP No.12029 of 1998 3
5. Although the cadre of Assistant Linemen was granted the pay
scale of Rs.1200-2040 in consonance with the demand made by Assistant
Linemen (including the petitioners), the grievance raised by the petitioners
through the instant writ petition is, that the aforesaid scale of pay should
have been released to the petitioners with effect from 1.1.1986 as per their
claim, and not prospectively with effect from 1.5.1990. It is the claim of the
petitioners that the HSEB/UHBVN had impliedly acknowledged that the
pay scale of Rs.825-1300 released to Assistant Linemen was
anomalous/defective, by accepting that they were entitled to the scale of
Rs.1200-2040. According to the petitioners, an anomaly/defect is liable to
be corrected/rectified with effect from the date when the anomaly/defect
had arisen. Otherwise, according to the petitioners, the petitioners will be
deemed to have been paid salary for the period from 1.1.1986 to 1.5.1990
under an incorrect/defective pay scale. It is also the case of the petitioners
that it is a settled proposition of law that an anomaly has to be removed
from the date it had arisen, rather than, from any subsequent date
prospectively. The demand of the petitioners, therefore is, that they should
be released the benefit of the pay scale of Rs.1200-2040 with effect from
1.1.1986.
6. The instant petition along with 22 other connected civil writ
petitions were allowed by a Division Bench of this Court through a
common order dated 29.1.1999. While allowing the instant writ petition,
the Division Bench based its decision on a number of considerations,
details whereof have been summarised by us as under:-
Firstly, reliance was placed on an earlier decision rendered by
this Court in Shyam Sunder and others v. Haryana State
CWP No.12029 of 1998 4Electricity Board and others (CWP No. 13360 of 1996, decided
on 22.9.1997) wherein, the same claim relating to the cadre of
Assistant Linemen had been adjudicated upon by this Court, and
wherein the plea that “…Once the claim of the pay parity has
been granted to the petitioners, there is no reason to assign
different dates for its effect. The Revised pay scale should be
given from the same date for its effect. The revised pay scale
should be given from the same date, as in the case of other
categories of employees. The petitioners’ contention is that the
revised pay scale given from May 1, 1990 instead of January 1,
1986 is the result of discrimination and arbitrariness…” was
accepted by this Court.
Secondly, the Division Bench while disposing of the instant writ
petition also placed reliance on the fact, that a petition for Special
Leave to Appeal, filed against the judgment rendered by this
Court in Shyam Sunder’s case (supra), had been dismissed by the
Supreme Court on 9.2.1998.
Thirdly, this Court while disposing of the instant writ petition on
29.1.1999 had recorded a categoric finding to the effect that the
judgment rendered by this Court in Shyam Sunder’s case (supra)
had been implemented by the HSEB/UHBVN, and as such, the
same relief which was allowed by the respondents to others
similarly situated as the petitioners herein, should be granted to
the petitioners as well.
Fourthly, it was noticed that a Division Bench of this Court in
Jai Parkash and others v. State of Haryana and others (CWP
CWP No.12029 of 1998 5No.1804 of 1996, decided on 20.4.1997) had adjudicated upon
an identical claim, as had been raised by the petitioners in the
instant case in respect of the cadre of Assistant Linemen, for the
cadre of Pump Operators/Electricians wherein this Court had
granted the employees of the aforesaid cadres the revised pay
scales with effect from 1.1.1986, instead of 1.5.1990, in
consonance with the action of the State of Haryana.
And; Fifthly, the Division Bench while allowing the instant writ
petition had found that the plea of arbitrariness and
discrimination raised on behalf of the petitioners had not been
assailed by the respondents, as nothing at all had been pointed
out to show why the modified scale suggested by the Committee
was not made applicable from 1.5.1990, and that, an imaginary
date was made applicable for the grant of the enhanced scale.
Accordingly, the instant writ petition came to be disposed of in the same
terms as the judgment rendered in Jai Parkash’s case (supra).
7. Dissatisfied with the order passed by this Court on 29.1.1999,
the respondents approached the Apex Court, challenging the order passed
by the Division Bench in the instant Civil Writ Petition, as also the
connected Civil Writ Petitions. While setting aside the order passed by this
Court on 29.1.1999, the Apex Court in its order dated 8.10.2002, inter alia,
noticed:
” We deem it proper to set aside the order of the High Court
and remit the matter back to the High Court for determining the
issue raised on merits afresh and if necessary differ with the
earlier view in Shyam Sunder’s case. Needless to say if there is
such difference of opinion, the High Court would have to refer
CWP No.12029 of 1998 6the issue to a larger Bench for a resolution of such conflict. It
is also advisable in the light of the fact that such a large
number of employees are involved and such a vast number of
cases have been filed that all the matters are tagged together,
but the appeal may be heard and disposed of treating the
present Writ Petition which is the subject matter of the present
appeal namely, Haryana State Electricity Board vs. Rajbir
Singh & Ors, as the main case
As it has been stated by the learned counsel appearing
for the respondents that the Writ Petition may need amendment
since the Writ Petition had been filed solely on the basis of
Shyam Sunder’s case decision, the respondents will be at liberty
to file further pleadings before the High Court, as they may be
advised and the High Court may deem fit. There will be no
order as to costs”.
In furtherance of the directions issued by the Apex Court, the matter came
up for consideration for the first time before this Court on 5.12.2007. The
Division Bench before which the instant writ petition came up for
consideration required the same to be placed before Hon’ble the Chief
Justice for constitution of a Full Bench. It is, therefore, that the instant Full
Bench came to be constituted.
8. To propound the proposition, that an anomaly has to be
redressed retrospectively i.e., with effect from the date when the anomaly
had arisen, learned counsel for the petitioners invited our attention to the
decisions rendered by Division Benches of this Court in Ram Murti and
others v. State of Haryana and others (CWP No.15920 of 1995, decided on
13.2.1996), Jai Parkash and others v. State of Haryana and others (CWP
No.1804 of 1994, decided on 24.4.1997),Shyam Sunder and others v.
Haryana State Electricity Board and another (CWP No.13360 of 1996,
CWP No.12029 of 1998 7
decided on 22.9.1997), Papinder Vir Singh and others v. State of Punjab and
others (CWP No. 9122 of 1999, decided on 11.1.2000), Rajbir Singh and
others v. State of Haryana and others (CWP No.16789 of 1997, decided on
20.2.2001), Gujjar Singh and others v. The Chairman, PRTC, Patiala
( CWP No.1667 of 1998, decided on 13.7.2005) and Krishan Lal and others
v. Central Administrative Tribunal, Chandigarh and another) ( CWP
No.6706/CAT/2005, decided on 23.4.2008). It is not necessary for us to
examine sequentially all the judgments relied upon for the proposition of
law enunciated therein. Suffice it to state, that we have painstakingly gone
through the judgments referred to by the learned counsel for the petitioners,
and have arrived at the conclusion, that in none of the judgments on which
the reliance has been placed, the proposition of law canvassed by the
learned counsel for the petitioners, namely, that in cases of rectification of
an anomaly, arising during revision of pay scales, the anomaly has to be
corrected with effect from the date the anomaly had arisen, has been
propounded.
9. Irrespective of our aforesaid determination (on a perusal of the
judgments relied upon by the learned counsel for the petitioners), we have
no hesitation to uphold the submission advanced by the learned counsel for
the petitioners, so as to conclude, that in case of an anomaly, which had
arisen during the revision of pay scales, the correction thereof, to be with
effect from the date when the anomaly had arisen. In other words, if a pay
scale wherein the anomaly had arisen was released from 1.1.1986, it is
bound to be corrected from 1.1.1986, and not with effect from the date
when the anomaly was discovered, or prospectively with effect from a date
of the choice of the employer. Even the learned counsel for the respondents
CWP No.12029 of 1998 8
acknowledges the correctness of the aforesaid proposition. The basis of our
conclusion recorded hereinabove arises out of a simple premise. Once it is
acknowledged that a mistake has been committed, whereby an anomaly has
arisen, the mistake has to be remedied in such a manner, that the aggrieved
party does not have any adverse effect of the mistake/anomaly. This would
be possible if an anomaly in pay scales is corrected retrospectively with
effect from the date when the anomalous pay scale was introduced. On the
other hand, if the mistake/anomaly is corrected from a future date, the
concerned individual will have to suffer the effect of the anomaly, from the
date it had arisen, till the date it was remedied. The latter determination
would be iniquitous and unacceptable in law as it would not be able to
stand the test of Article 14 of the Constitution of India, which postulates
equality before the law and equal protection of the laws.
10. Learned counsel for the respondents, however, in order to
repudiate the submission advanced by the learned counsel for the
petitioners, vehemently contends, that it is incorrect to assume that there
was any anomaly in the pay scale of cadre of Assistant Linemen , when the
pay scale of Assistant Linemen was revised from Rs.825-1300 to Rs.1200-
2040. It is also the vehement contention of the learned counsel for the
respondents, that the petitioners had failed to establish that the Committee
constituted by the HSEB/UHBVN to examine the grievances of the cadre
of Linemen had recorded any finding to the effect that there was an
anomaly in the pay scale of Assistant Lineman determined at Rs.825-1300
with effect from 1.1.1986. It is, therefore, the vehement contention of the
learned counsel for the respondents, that the petitioners were themselves
under a mistaken belief, and accordingly had projected their mistaken
CWP No.12029 of 1998 9
belief to this Court, that the Committee had in any manner concluded that
the pay scale released to Assistant Lineman fixed at Rs.825-1300 with effect
from 1.1.1986, was anomalous. It is also the pointed contention of the
learned counsel for the respondents, that the recommendation made by the
Committee constituted on 19.1.1989 was not on the basis of an anomaly in
the pay scale of Rs.825-1300, but on consideration of independent issues
canvassed on behalf of the cadre of Assistant Linemen.
11. In the background of the submission advanced by the learned
counsel for the respondents, it is imperative for us, in the first instance, to
determine whether or not the Committee constituted on 19.1.1989 by the
HSEB/UHBVN, was constituted only for the purpose of examining
anomalies in pay scales revised by the HSEB with effect from 1.1.1986, or
whether it was also required to examine allied issues pertaining to pay
scales (even in the absence of any anomaly). If the answer to the aforesaid
is, that the Committee was constituted to examine allied issues in respect
of pay scales besides anomalies, then to determine whether the
enhancement of the pay scale of Rs.825-1300 earlier released to Assistant
Linemen, to Rs.1200-2040, was as a result of the correction/rectification of
a mistake/anomaly, or for a reason independent thereof. We shall thereafter
be in an effective position to deal with the proposition canvassed by the
rival parties.
12. In order to determine the issue(s) pointed out in the preceding
paragraph, learned counsel for the respondents has invited our attention to
a compilation of documents handed over to us (in furtherance of an order
passed by the Division Bench on 5.12.2007), and which, were taken on the
record of this case by us as Annexure-A. In the first instance our attention
CWP No.12029 of 1998 10
was invited to Office Order No.437/Finance dated 19.1.1989, vide which
the Committee under reference was constituted. Relevant extract of the
aforesaid Office Order is being reproduced hereunder:-
“The Haryana State Electricity Board is pleased to constitute a
Committee comprising of the following Officers to examine all
the anomalies and pending demands of various
Unions/Associations/individuals in respect of Pay Scales
revised w.e.f.1.1.1986 including grant of Time Bound Pay
Scales:-
1. Chairman HSEB, Chairman of the Commttee
2. Member Finance,
Accounts & Commercial Member
HSEB
3. Member Technical (OP), Member
HSEB.
4. Secretary Board Member Secretary
5. C.E.Commercial,HSEB Invitee
6. FA/Hqrs. HSEB Invitee
xx xx xx xx".
According to the learned counsel for the respondents a perusal, of the Office
Order (extracted above) by which the Committee was constituted (which
eventually recommended the pay scale of Rs.1200-2040 for the cadre of
Assistant Linemen with effect from 1.5.1990) clearly reveals, that the
Committee was constituted for examining, firstly, “anomalies” of pay
scales, and secondly, “pending demands” of various Unions/
Associations/individuals, in respect of pay scales. According to the learned
counsel for the respondents, it is clear, that the Committee which made the
recommendation that Assistant Linemen, should be allowed the pay scale
of Rs.1200-2040 with effect from 1.5.1990, was required to look into
CWP No.12029 of 1998 11matters pertaining to “anomalies”, as well as, “pending demands” in respect
of pay scales. It is, therefore, submitted that it would be incorrect to infer
that the Committee under reference was constituted only to examine
anomalies in pay scales (while implementing the revised pay scales).
13. We have given our thoughtful consideration to the submission
advanced by the learned counsel for the respondents. We are fully satisfied
that the Committee constituted on 19.1.1989 was not only required to
examine “anomalies” in the revised pay scales, released to the employees of
the HSEB/UHBVN with effect from 1.1.1986, but was also required to
make recommendations on “pending demands” of
unions/associations/individuals in respect of pay scales. It would be
pertinent to notice, that the learned counsel for the petitioners while
responding to the submissions advanced on behalf of the respondents, did
not assail the correctness of the submission advanced on behalf of the
respondents. In view of the above, the first query posed in paragraph 11
above, has been answered in a manner which will require us also to decide
the second query posed therein. In the following paragraph, we have
considered the submission of the learned counsel, on the second query.
14. Learned counsel for the respondents while assisting us on the
second query, in the first instance, invited our attention to Circular No.1
(Revision of Pay Scales)-Office Order No.384/Finance dated 19.8.1987,
whereby the pay scale of Assistant Linemen was revised from Rs.350-600
to 800-1150 with effect from 1.1.1986. Learned counsel for the respondents
then invited our attention to circular No.391 (Revision of Pay Scales)-Office
Order No.391/Finance dated 2.11.1987 whereby the pay scale of Assistant
Linemen which had been fixed at Rs.800-1150 with effect from 1.1.1986,
CWP No.12029 of 1998 12
was again revised to Rs.825-1300 with effect from 1.1.1986. It is the
vehement contention of the learned counsel for the respondents, that an
anomaly had indeed been found in the pay scale of Assistant Linemen when
their pay scale was revised to Rs.800-1150, and that, the same was
corrected/rectified by allowing Assistant Linemen the pay scale of Rs.825-
1300 with effect from 1.1.1986. It is the submission of the learned counsel
for the respondents, that since an anomaly had been detected in the revised
pay scale (Rs.825-1300), it was liable to be corrected/rectified with effect
from the date when the anomaly had arisen. As such, after the aforesaid
anomaly/mistake was identified, the pay scale of Rs.825-1300, was released
to Assistant Linemen with effect from 1.1.1986 i.e., the date with effect
from which the mistake/anomaly had occurred. According to the learned
counsel for the respondents, the HSEB/UHBVN, was mindful of the
proposition of law, that an anomaly had to be corrected with effect from the
date of its occurrence, and as such, had unilaterally released the pay scale of
Rs.825-1300 to Assistant Linemen with effect from 1.1.1986, after
identifying the anomaly.
15. In contra distinction to the factual position noticed in the
foregoing paragraph, it is the contention of the learned counsel for the
respondents, that the Committee under reference, while recommending the
pay scale of Rs.1200-2040 to Assistant Linemen with effect from 1.5.1990
had done so not because of an existing “anomaly” but on the basis of a
representation made by the employees Unions/Associations/Federations
including the HSEB Technical Employees Union on behalf of Assistant
Linemen, claiming the pay scale released to a category of employees holding
“Technical Posts” under the State of Haryana. In this behalf, learned
CWP No.12029 of 1998 13
counsel for the respondents has invited our pointed attention to the
impugned order dated 7.2.1991 (Annexure P3), relevant portion whereof is
being extracted hereunder:-
====================================================
“Sr.No. Name of Post Existing Pay Modified Scale Remarks
Scale w.e.f. w.e.f.1.5.90
1.1.86
———————————————————————————
1. 2. 3. 4. 5.
———————————————————————————
2. Technical posts for
which minimum
qualification
prescribed is
Matric with I.T.I
Certificate/Polytechnic
(i) xx xx xx xx
(ii) A.L.M. 825-1300 1200-2040 Recruitment to
Non-Matric be
stopped
(iii) to (x) xx xx xx”.
It is the vehement contention of the learned counsel for the respondents that
the State Government had clubbed a number of posts under the head
“Technical Posts”, and had granted all the posts clubbed together as
“Technical Posts”, the pay scale of Rs.1200-2040. It is pointed out that the
State of Haryana had clubbed together as “Technical Posts” such posts for
which the prescribed educational qualifications for direct recruitment were,
Matriculation with certificate in ITI/Polytechnic. It is the submission of the
learned counsel for the respondents that Matriculation was not one of the
qualifications prescribed for the post of Assistant Lineman at the time of
revision of pay scales with effect from 1.1.1986, and as such, Assistant
Linemen employed with the HSEB/UHBVN could not have been granted
the benefit of pay which was ordered to be released to “Technical Posts”
by the State of Haryana. According to the learned counsel for the
CWP No.12029 of 1998 14
respondents before the pay scale released to “Technical Posts” could be
extended to Assistant Linemen employed under the HSEB/UHBVN, parity
in the qualifications for recruitment was a pre-requisite condition. As such,
when the Committee under reference made its recommendations on
7.2.1991 (Annexure P3), it expressly incorporated the condition, that further
recruitment of non-matriculate candidates for appointment as Assistant
Linemen would be stopped. It is, therefore, the contention of the learned
counsel for the respondents, that the pay scale of Rs.1200-2040, was
released to the cadre of Assistant Linemen not as a matter of rectification of
an anomaly, but as a consequence of revising the qualifications for
recruitment to the cadre of Assistant Linemen, so as to bring it at par with
“Technical Posts” under the State of Haryana.
16. We have given our thoughtful consideration to the submissions
advanced by the learned counsel for the respondents, as have been noticed
hereinabove. The aforesaid submissions have emerged from documents
relied upon by the learned counsel for the respondents. The genuineness of
the documents relied upon by the learned counsel for the respondents, is not
a matter of dispute at the hands of the petitioners. In fact, during the course
of hearing, learned counsel for the petitioners did not advance any
submission whatsoever in respect of the issue dealt with in the preceding
paragraph. Having perused the documents relied upon by the learned
counsel for the respondents,we have no hesitation whatsoever in
concluding, that when the pay scale of Assistant Linemen was revised
from Rs.350-600 (with the selection grade of Rs.400-700 for 20% of the
posts) to Rs.800-1150, the respondents accepted to modify the revised pay
scale of Rs.800-1150 to Rs.825-1300 with effect from 1.1.1986, as a
CWP No.12029 of 1998 15
consequence of the identification of an anomaly in the pay scale of Rs.800-
1150. However, the representations made by the cadre of Assistant
Linemen through their Unions/Associations/Federations including the
HSEB Technical Employees Union, against the pay scale of Rs.825-1300,
were accepted by the Committee constituted by the HSEB/UHBVN, so as to
give the benefit granted by the State of Haryana to “Technical Posts” under
the State Government. If the posts of Assistant Linemen in the
HSEB/UHBVN could have been equated with “Technical Posts”, as on
1.1.1986, there may have been some substance in the submission made by
the learned counsel for the petitioners. We have, however, no hesitation in
concluding, that the posts of Assistant Linemen in the HSEB/UHBVN could
not be treated to fall in the category of “Technical Posts” as on 1.1.1986.
This conclusion of ours is based on the fact, that the State Government had
classified only such posts as “Technical Posts” wherein, the educational
qualifications for appointment by way of direct recruitment was
Matriculation with certificate in ITI/Polytechnic. The posts of Assistant
Linemen in the HSEB/UHBVN did not postulate the qualification of
Matriculation as a pre-condition by way of direct recruitment for the posts
of Assistant Linemen, as on 1.1.1986 i.e., the date with effect from which
the petitioners are presently seeking the revision. As such, it is not possible
for us to conclude, that the cadre of Assistant Linemen in the
HSEB/UHBVN could claim to fall within the posts clubbed together as
“Technical Posts”, or could claim parity with “Technical Posts” under the
State of Haryana, as on 1.1.1986.
17. The impugned order dated 7.2.1991 which allowed the cadre
of Assistant Linemen the pay scale of Rs.1200-2040 clearly notices the
CWP No.12029 of 1998 16
revision of their scale with effect from 1.5.1990, consequent upon the
modification of the qualifications for recruitment to the cadre of Assistant
Linemen by introducing the qualification of Matriculation, as a pre-
condition for appointment to the said cadre. In view of the above, it is
natural to infer that the HSEB/UHBVN adopted a two-step procedure while
accepting the representation of the cadre of Assistant Linemen in the
HSEB/UHBVN. The first step envisaged the upward revision of the
educational qualifications prescribed for direct recruitment to the cadre of
Assistant Linemen in the HSEB/UHBVN. The said first step was aimed at
raising the level of the cadre of Assistant Linemen in the HSEB/UHBVN to
that of “Technical Posts” under the State of Haryana. The second step was a
natural corollary to the first step. Once the cadre of Assistant Linemen in the
HSEB/UHBVN had been upgraded, so as to be equated with “Technical
Posts” under the State of Haryana, they could be allowed parity in terms
of pay scales as well. Accordingly, having taken to first step by upgrading
the qualification prescribed for recruitment to the post of Assistant
Linemen in the HSEB/UHBVN, the respondents allowed the cadre of
Assistant Linemen the pay scale released to “Technical Posts” by the State
of Haryana. Since the upgradation of the posts was only prospective,
inasmuch as, future recruitment of non-matriculates was stopped, the posts
of Assistant Linemen in the HSEB/UHBVN could be deemed to have been
upgraded to the level of “Technical Posts” only prospectively.Thereafter,
the second step was taken, to prospectively grant Assistant Linemen in the
HSEB/UHBVN the pay scale of “Technical Posts” i.e., the pay scale of
Rs.1200-2400 with effect from 1.5.1990. It is, therefore, not possible for us
to accept the submission advanced by the learned counsel for the petitioners
CWP No.12029 of 1998 17
to the effect that the pay scale of Rs.1200-2040 was released to the cadre of
Assistant Linemen in the HSEB/UHBVN, as a consequence of the
rectification of anomaly in the revised pay scale of Rs.825-1300. Through
our determination hereinabove, the very basis of the claim of the petitioners
stands knocked out.
18. In spite of the conclusions recorded by us in the foregoing
paragraph, we still have one obligation to discharge,namely, to determine
the veracity of the submission advanced by the learned counsel for the
petitioners, that the HSEB/UHBVN had arbitrarily chosen 1.5.1990, as the
date for introduction of the pay scale of Rs.1200-2040 for the cadre of
Assistant Linemen. Having perused the documents referred to by the learned
counsel for the respondents, and having recorded our conclusions
hereinabove, to the effect that the pay scale of Rs.1200-2040 was introduced
for the cadre of Assistant Linemen in the HSEB/UHBVN, after the
qualifications for direct recruitment to the cadre of Assistant Linemen was
revised, so as to introduce the qualification of Matriculation as a pre-
requisite qualification for appointment to the post of Assistant Linemen, we
are of the view that the date chosen by the HSEB (1.5.1990) to introduce
the pay scale of Rs.1200-2040 for the cadre of Linemen cannot be treated to
be arbitrary. The pay scale under reference could only be introduced after
the qualifications for direct recruitment for the cadre of Assistant Linemen
were brought at par with “Technical Posts” under the State of Haryana.
Having done so by taking first step, noticed hereinabove, the issue of
allowing the pay scale of Rs.1200-2040 to Assistant Linemen in the
HSEB/UHBVN became a possibility, for the first time. It is, therefore, that
the HSEB/UHBVN released the pay scale of Rs.1200-2040 to Assistant
CWP No.12029 of 1998 18
Linemen in the HSEB/UHBVN with effect from 1.5.1990. In view of the
above, it is not possible for us to accept the submission advanced at the
hands of the learned counsel for the petitioners, that the date 1.5.1990
chosen by the HSEB/UHBVN for introduction of the pay scale of
Rs.1200-2040 for Assistant Linemen was arbitrary in any manner
whatsoever.
19. In view of the conclusions drawn in the foregoing paragraph,
we find no merit in the claim of the petitioners that they are entitled to the
benefit of the pay scale of Rs.1200-2040 with effect from 1.1.1986 as
against 1.5.1990 ( i.e., the date with effect from which the said pay scale has
been released to them).
20.. Although we have already adjudicated upon the claim raised by
the petitioners on merits, it is also essential for us to record the reasons for
not accepting the conclusions drawn by a Division Bench of this Court
while disposing of the instant writ petition on 29.1.1999. Ordinarily, we
would have been bound by the decision rendered by this Court in Shyam
Sunder and others v. Haryana State Electricity Board and another (CWP
No.13360 of 1996, decided on 22.9.1997) specially when a petition for
Special Leave to Appeal filed against the judgment rendered by this Court
in Shyam Sunder’s case (supra) had been dismissed by the Supreme Court.
The aforesaid binding effect of the judgment rendered by this Court in
Shyam Sunder’s case (supra) stands negated with the order passed by the
Supreme Court on 8.10.2002 consequent upon the filing of a petition for
Special Leave to Appeal against the order passed by the Division Bench of
this Court disposing of the instant writ petition on 29.1.1999 (relevant part
whereof has been extracted in paragraph 7 hereinabove). We are also of
CWP No.12029 of 1998 19
the view, that this Court had erroneously arrived at the conclusion that the
denial of the pay scale of Rs.1200-2040 was as a consequence of an
anomaly. While disposing of the instant writ petition at an earlier juncture
the claim of the petitioners was accepted on the basis of parity. On the basis
of conclusions drawn from a large number of documents referred to by the
learned counsel for the respondents, we have arrived at the conclusion, that
the claim of the petitioners on the basis of parity could not have been
determined with reference to 1.1.1986, as the cadre of Assistant Linemen in
the HSEB/UHBVN could not be granted the benefit of parity with
“Technical Posts” under the State of Haryana, with effect from 1.1.1986.
The issue of parity with “Technical Posts” under the State of Haryana
could have been raised only after the qualifications for direct recruitment to
the cadre of Assistant Linemen in the HSEB/UHBVN were modified after
the introduction of Matriculation (besides the other prescribed
qualifications) as a pre-requisite qualification, for appointment to the cadre
of Assistant Linemen. It is only thereupon, that the claim of parity could
have been raised on behalf of the cadre of Assistant Linemen in the HSEB.
When the aforesaid situation of parity became a reality, the HSEB/UHBVN
released the pay scale of Rs.1200-2040 to Assistant Linemen in the
HSEB/UHBVN with effect from 1.5.1990. We are also of the view, that no
reliance can be placed on the decision rendered by a Division Bench of this
Court in Jai Parkash and others v. State of Haryana and others (CWP
No.1804 of 1994, decided on 24.4.1997) for the determination of the present
controversy, as the issue adjudicated in the aforesaid writ petition pertained
to the pay scale(s) of Pump Operators/Electricians. It was not the case of
the petitioners before this Court during the course of hearing, that the
CWP No.12029 of 1998 20
controversy settled by this Court while disposing of Jai Parkash’s case
(supra) is akin to the one adjudicated upon during the course of the instant
deliberations. We are also satisfied that there was sufficient justification for
releasing the pay scale of Rs.1200-2040 to the cadre of Assistant Linemen
with effect from 1.5.1990. This conclusion has been recorded by us while
debating the assertion at the hands of the petitioners, whether the instant
scale of pay has been released to the petitioners arbitrarily with effect from
1.5.1990 (in paragraph 17 above). For the reasons recorded hereinabove, we
are of the view that the observations, and the conclusions recorded by this
Court in its order dated 29.1.1999, while allowing the present writ petition,
cannot be treated as a sufficient justification for not recording a view
different from the conclusions recorded earlier.
Dismissed in the aforesaid terms.
( J.S.Khehar) )
Judge
(Ajay Kumar Mittal)
Judge
( Surya Kant )
Judge
January 31, 2009
rk
CWP No.12029 of 1998 21