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2017 Supreme(P&H) 286
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDIP SINGH, J.
Rajesh Chaudhry - Petitioner
Versus
State of Haryana and others – Respondents
CWP No. 4148 of 2016 (O/M)
Decided On : 02-03-2017
For the Petitioner:Mr. Ramesh Goyat, Advocate
Mr. Naveen Sheoran, Deputy Advocate General, Haryana.
For the Respondent:Mr. Baldev Raj Mahajan, Senior Advocate with Mr. Satish Singla, Advocate
The judgment established the principle that the equivalence of posts for pay scale purposes must be determined based on the timing of post creation and the approval process for pay scale revisions.
Headnote:
Anomaly - Pay Scale Equivalence - Companies Act, 1956 - Punjab Civil Services Rules - Haryana Government - Circular dated 2.6.1989 - Rule 7 of the Business of the Government of Haryana
Fact of the Case:
The petitioner, a Chemical Engineering degree holder, was appointed as a Manager (Food Processing) in a corporation under the Companies Act, 1956. He claimed that his post was equivalent to the Assistant Engineer post and sought a pay scale revision. The corporation denied the equivalence and the pay scale revision, leading to the petitioner's resignation and subsequent legal action.
Finding of the Court:
The court found that the post of Manager (Food Processing) was created after the revision of pay scales for Assistant Engineers, and thus, the claim of equivalence was without merit. The court dismissed the writ petition.
Issues: The main issue was whether the post of Manager (Food Processing) was equivalent to the Assistant Engineer post and entitled to a pay scale revision.
Ratio Decidendi: The court held that the post of Manager (Food Processing) was not equivalent to the Assistant Engineer post, as it was created after the revision of pay scales for Assistant Engineers. The court also emphasized the necessity of approval from the Bureau of Public Enterprises for pay scale revisions.
Final Decision: The writ petition was dismissed, and the petitioner's claim for pay scale revision was denied.
KULDIP SINGH, J.
1. The petitioner possesses the degree in Chemical Engineering. Haryana Agro Industries Corporation Limited-respondent No. 3 (in short 'respondent-Corporation') is registered under the Companies Act, 1956. The employees of respondent-Corporation are being considered at par with the employees of Haryana Government in respect of their pay scales and service conditions. Respondent-Corporation is under the control of Haryana Government. The services of Manager (Food Processing), Assistant Engineer/District Managers are governed by the Punjab Civil Services Rules, as applicable to the Haryana Government employees. The petitioner was appointed as a Manager (Food Processing) in respondent-Corporation on 17.8.1993 on the basis of advertisement dated 19.7.1993 in the pay scale of Rs. 2000-3500. According to the petitioner, the post of Manager (Food Processing) is equivalent to the post of Assistant Engineer of respondent-Corporation (now designated as District Manager) as well as post of Assistant Engineer of other corporations and departments of Government of Haryana. The petitioner has also completed his MBA degree in the year 2000. According to the petitioner, the pay scales of the employees of respondent-Corporation were revised and kept at par with the pay scales of the equivalent post of other corporations and Haryana Government employees. The pay scales of respondent-Corporation were fixed and revised by the Haryana Government, with the prior approval of respondent No. 2-The Bureau of Public Enterprises, Haryana (in short 'the Bureau'). The pay scales of Assistant Engineer were revised from Rs. 350-900 to Rs. 900-1700 with effect from 1.4.1979 and the pay scales of Assistant Engineers of respondent-Corporation were also accordingly revised with effect from 1.1.1986. The pay scales were revised from Rs. 900-1700 to Rs. 2000-3500. On the representation made by the Graduate Engineers of various departments, the Government of Haryana, vide Circular dated 2.6.1989, removed the anomaly in the various pay scales of Graduate Engineers and revised their pay from Rs. 2000-3500 to Rs. 2200-4000 and scale of Rs. 3000-4500 applicable after rendering five years' service and revised the pay scale to Rs. 4100-5300 after rendering twelve years' service. The pay scales became effective from 1.5.1989. Respondent-Corporation also removed the anomaly in the case of District Manager (earlier designated as Assistant Engineer) and granted them pay scale of Rs. 2200- 4000 with effect from 1.5.1989 at par with Assistant Engineer/Sub Divisional Engineer of Haryana Government. The pay scale of Manager (Food Processing) and the pay scale of Assistant Engineer (now District Manager) of respondent-Corporation and the pay scales of other Assistant Engineer of other departments as well as other corporations were equal till 1.5.1989. The State Government, vide circular dated 2.6.1989 (Annexure- P-1), removed the anomaly in the pay scales of HCMS Doctors, Deputy Superintendents of Police and Superintending Engineers and revised their pay scale from Rs. 2000-3500 to Rs. 2200-4400 with effect from 1.5.1989. The same benefit was not extended to the petitioner. The petitioner, while giving details of qualifications of Manager (Food Processing) and Assistant Engineer with respondent-Corporation and other departments pressed that he is also entitled to the equivalent scale as that of Assistant Engineers as mentioned above. It was further stated that the Board of Directors of respondent-Corporation in its meeting held on 14.8.1997, approved the revision of pay scale of the petitioner i.e. Manager (Food Processing) from Rs. 2000-3500 to Rs. 2200-4000, but it was subject to approval of respondent No. 2-the Bureau. However, respondent No. 2-the Bureau, vide letter dated 21.2.2000, asked respondent-Corporation to send the proposal in the form of agenda. The matter was again placed before the Board of Directors of respondent-Corporation in its meeti
