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High Court of Punjab and HaryanaCWP/15370/2014disposed of

Hukam Singh v. Haryana Dairy Development Cooperative Federation & ANR

2025-09-25Mr. Justice Harpreet Singh Brar4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-15370-2014 (O&M) Date of decision: 25.09.2025 Hukam Singh ....Petitioner

Versus

Haryana Dairy Development Cooperative Federation Limited and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

None for the petitioner.

Mr. Vikrant Pamboo, Advocate for the respondents.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to grant the pay scale of Rs.12002040 w.e.f. 01.05.1990 in terms of the Government Instructions dated 26.07.1991 (Annexure P-1) and further grant the pay scale of Rs.40006000 to the petitioner w.e.f. 01.01.1996 instead of 21.11.2006 and revised pay scale in the pay band of Rs.5200-20200 with grade pay of Rs.2400 to the petitioner w.e.f. 01.01.2006 as he is possessing the qualification of matric with I.T.I. and holding the technical post and

grant him all consequential benefits including the arrears of pay and revised pensionary benefits with market rate of interest. 2.

On 29.10.2014, the instant petition was adjourned sine die and it was ordered to be heard after the decision of CWP No.12660 of 2014.

3.

Since the aforesaid writ petition i.e. CWP-12660-2014 has already been disposed of by the Division Bench of this Court, the petition has been listed today for hearing. However, there is no representation on behalf of the petitioner.

4.

As per the pleadings of the writ petition, the petitioner was appointed as a Helper on 15.11.1979 and was regularized on 01.04.1980. He possessed a matriculation qualification and a Second Class Boiler Attendant Certificate of Competency dated 26.08.1993 (Annexure P-3), which was equivalent to an I.T.I. certificate. According to Government Instructions dated 26.07.1991 (Annexure P-1), technical posts requiring Matriculation with I.T.I. qualification were entitled to a modified pay scale of Rs.1200-2040 w.e.f. 01.05.1990, which was later revised to Rs.4000-6000 w.e.f. 01.01.1996. The petitioner was promoted as a Boiler Attendant on 24.12.2005 but was initially placed on a lower pay scale. The respondent/Federation granted him the revised pay scale of Rs.4000-6000 vide order dated 03.04.2007 (Annexure P-6), which was made effective only from 21.11.2006. Consequently, at the time of his retirement on 31.03.2010, his pay fixation was made on the incorrect lower pay scale, which resulted into a reduced pension. The petitioner

made several representations (Annexures P-8, P-11, P-12, P-13, respectively) requesting correction of pay fixation from the original due date of 01.05.1990 and 01.01.1996, but no action was taken. Meanwhile, similarly situated employees, including a junior employee namely Ved Parkash Kaushik, were granted the correct pay scale w.e.f. 01.01.1996.

5.

Learned counsel appearing for the respondents submits that the claim of the petitioner would be examined in the light of the judgments (Annexures P-14 to P-16, respectively) relied upon by him and in terms of the judgment rendered by the Division Bench of this Court in CWP-12660-2014, titled as Rajbir Singh and others vs The State of Haryana and others, decided on 25.03.2025. 6.

Accordingly, the instant writ petition is disposed of with a direction to the respondent/Federation to examine the petitioner's claim in the light of the judgments relied upon by the petitioner (Annexures P14 to P-16), and the judgment of the Division Bench of this Court in Rajbir Singh's case (supra), and grant appropriate pay scales of Rs.1200-2040 w.e.f. 01.05.1990 and Rs.4000-6000 w.e.f. 01.01.1996, to the petitioner along with revised pay scale in the pay band of Rs.520020200 with grade pay of Rs.2400 w.e.f. 01.01.2006, subject to the petitioner's eligibility. Needless to say, if the petitioner is found entitled to the relief sought, the respondent/Federation shall also calculate and disburse all consequential benefits including arrears of pay and revised

pensionary benefits to the petitioner, within a period of three months from the date of receipt of a certified copy of this order. (HARPREET SINGH BRAR) JUDGE 25.09.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No