IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.10.2025 RAJPAL AND OTHERS ... APPELLANTS VS.

STATE OF HARYANA AND OTHERS .. RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Mr.Ritender Rathee, Advocate, for the appellants.

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ROHIT KAPOOR , J.

CMs-6651-6652-LPA-2025

1. The instant applications have been filed, seeking condonation of delay of 128 days in filing and 46 days in re-filing the accompanying appeal.

2. For the reasons mentioned in the applications, which are duly supported by an affidavit, the same are allowed and the delay is condoned.

LPA-2645-2025

1. Present Letters Patent Appeal has been filed for setting aside the impugned order dated 09.12.2024 passed by the learned Single Judge in CWP No. 7683-1997, whereby the writ petition filed by the appellants, praying for grant of pre-revised pay scale of Rs.480-760 and revised pay scale of Rs.1200-2040 w.e.f. 01.01.1986, instead of 01.05.1990, has been dismissed.

2. The appellants in their writ petition claimed that they were initially appointed as Water Pump Operators-II, on work charged basis and later on their services were regularized. It was pleaded that the Government of Haryana, revised the pay scale of various category of employees in the year 1986, w.e.f. 01.04.1979, however, there were anomalies in the pay scales and vide letter dated 30.03.1982, the pay scale of technical posts in all the departments, where minimum educational qualification prescribed was Matric and 02 years ITI certificate, were revised to Rs.480-760, w.e.f.

01.02.1981 instead of earlier pay scale of Rs.400-660/420-700.

3. The appellants claimed that although they filed representations for grant of salary in the pay scale of Rs.480-760, however, the same were not accorded consideration. In the interregnum, the 4^th Pay Commission was constituted, and a new pay scale was granted to the employees w.e.f. 1.1.1986, as per its recommendations. It is further averred that the Pay Commission did not examine the pay scales separately for each post, but recommended that those who are having a particular pay scale before 01.01.1986, should be granted higher corresponding pay scale. Resultantly, the appellants, who were in the pay scale of Rs.400-660, were granted corresponding higher pay scale of Rs. 950-1440/950-1500. Thereafter the State Government constituted the Pay Anomaly Removal Committee and on the basis of its recommendations, a notification dated 23.08.1990 was issued whereby the pay scale pertaining to technical posts in various departments for which minimum educational qualification prescribed was Matric with ITI certificate, was modified to Rs.1200-2040, w.e.f. 01.05.1990.

4. It is the case of the appellants that certain similarly situated employees, who had approached this Court by filing writ petitions, were granted the benefit of pay scale of Rs.1200-2024, w.e.f. 01.01.1986 and pre-

revised scale of Rs. 480-760, while the said benefit was denied to them, despite repeated representations.

5. In the written statement filed on behalf of the official respondents, it was inter alia stated that the pay scale of Rs. 480-760 was granted to those employees, who were previously working in the pay scale of Rs.120-250 or 140-250, which was revised to Rs.400-600 or 420-700. It was further averred that the Government of Haryana took a conscious decision to grant pay scale of Rs.1200-2040 w.e.f. 01.05.1990, which was granted to the appellants, strictly in accordance with the government instructions.

6. Replication was filed to the written statement, wherein the averments made in the writ petition were reiterated and it was additionally clarified that initially there was difference of pay scale between the regular employees and work charged employees, wherein the work charged employees were in the pay scale of Rs.100-160, prior to 01.04.1979 while the regular employees working on the same post, were getting the pay scale of Rs.130-180,