Ram Kishan & Others v. State Of Haryana & ORS

CWP-5697-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-5697-2016 Date of Decision: 19.08.2025 RAM KISHAN & OTHERS

...Petitioner

Vs.

STATE OF HARYANA & ORS

...Respondents

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Ms Mamta Saini, Advocate for Mr. Ravinder Malik, Advocate for the petitioner Mr. Ravi Partap Singh, DAG Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of order dated 12.05.2015 whereby respondent has revised their pay scale w.e.f. 15.01.2015 instead of from the date of their regularization. 2.

The petitioners in 1993 joined respondent as Lift Operators on daily-wage basis. They were appointed on consolidated pay as per DC Rates. They came to be regularized w.e.f. 01.10.2003 against newly created Class-IV posts. Their appointment was made in the pay scale of Rs.2550-55-2660-EB-60-3200. The said scale was revised from time to time. The State Government upgraded pay-scale of Lift Operators from Rs.4440-7440+1300 Grade Pay to PB-1, 5200-20200+1900 w.e.f. 06.01.2015 vide memo dated 16.01.2015. The petitioners are claiming DEEPAK BISSYAN 2025.08.19 19:02 I attest to the accuracy and integrity of this document

CWP-5697-2016 -2that their pay scale should be revised from 2003 i.e. the date from which they were regularized.

3.

The petitioners were regularized in 2003 as Class-IV employees. The petitioners accepted Class-IV post at the time of regularization. They were paid pay scale as payable to Class-IV employees. The respondent accepted their request in 2015 and revised their pay scale despite earlier revisions as Class-IV employees. The petitioners have no substantive or absolute right to claim higher pay scale from retrospective date. It is prerogative of State Government to fix payscale of particular set of employees. They were regularized in 2003 as Class-IV employees and paid pay-scale as per their entitlement. The State Government accepted their request and revised their scale as Lift Operators. There is no infirmity in the order of 2015 whereby pay-scale was revised from prospective date.

4.

In the wake of above findings, this Court is of the considered opinion that the instant petition deserves to be dismissed and accordingly dismissed.

5.

Pending application(s), if any stands disposed of. (JAGMOHAN BANSAL) JUDGE 19.08.2025 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DEEPAK BISSYAN 2025.08.19 19:02 I attest to the accuracy and integrity of this document