Haryana Agricultural University vs Devi Parkash

M.L. Singhal, J.—Sham Sunder and others filed suit against the Haryana Agricultural University, Hissar through its Vice Chancellor for declaration to the effect that they are entitled to the revised pay scale of Rs. 1200-2040/- with effect from 1.5.1990. It is alleged in the plaint that Sham Sunder, Uttam Chand, Devi Parkash, Des Raj, Shiv Dial and Om Parkash plaintiffs were working on regular basis with the defendant-University while Jagdish Rai and Jai Singh-plaintiffs are working on work charge basis. All the plaintiffs are matriculate with III Certificate. The Secretary to Government of Haryana, Finance Department issued a memo bearing No. 6/23/3PR(FD)-88 dated 26.7.1991 to all the Heads of the Departments, according to which the pay scale of some technical posts were revised on the basis of Government instructions. As per the said memo, the pay scale of some technical posts for which requisite, qualification is matric with III Certificate was revised to Rs. 1200-2040/- w.e.f. 1.5.1990, it is alleged in the plaint that plaintiffs No. 1 to 4 are performing the duties of water pump operators, while plaintiffs No. 5 and 6 are performing the duties of plumber. Plaintiff No. 7 is performing the duties of a mechanic. The defendant University vide memo dated 8.7.1991 granted the pay sale of Rs. 1200-2040 on the pattern of State Government to Tube-well Operators, Fitters etc. In most of the Departments, the pay scale of Rs. 1200-2040/- was granted to persons possessing the qualification of matric with 2 years certificate from the III. It is alleged in the plaint that action of the defendant-University is denying the grant of pay scale of Rs. 1200-2040/- to the plaintiffs is illegal, arbitrary, mala fide, discriminatory and against the principles of natural justice as they perform the same duties as are being performed by those who are possessed of matriculation with two years III Certificate. Plaintiffs have thus claimed the pay scale of Rs. 1200-2040/- on the principle of equal pay for equal work.

Defendant-University contested the suit of the plaintiffs. It was urged that the University is governed by its own rules and regulations. The grant of revised pay by the Haryana Government is not relevant. State Government vide its notification dated 23.8.1990 revised the pay scale for technical posts for which minimum qualification prescribed is matric with III Certificate. It is averred that it does not mean that the revised pay scale of Rs. 1200-2040/- is to be given to every employee who possesses the qualification of matric with III irrespective of the, fact whether such qualification is prescribed for the post or not which he is holding. Vide notification dated 26.7.1991, the above said instructions were modified. According to the categories, pay scale of Rs. 1200-2040/- was fixed for those posts for which the prescribed qualification is matric with III Certificate and pay scale of Rs. 950-1400 was fixed for those posts for which the prescribed qualification was III Certificate/diploma without insistence on matric. On the pattern of above said categories, University has already granted the pay scale vide notification dated 18.9.1991. It was further urged that the plaintiffs have mis-read and mis-interpretted the relevant rules and instructions as the grade given by the University and Government, granting technical posts in various departments for which minimum educational qualification prescribed is matric with III Certificate and the second category is regarding technical posts in various departments for which minimum qualification was only III Certificate without insistence on matric.

On the pleadings of the parties, the following issues were framed by the learned trial Court:

(i) Whether the plaintiffs are entitled to get the pay scaleofRs. 1200-2040/-w.e.f. 1.5.1990 on the ground mentioned in the plaint ? OPP

(ii) Whether the suit is not maintainable in the present form ? OPP

(iii) Whether the Civil Court has no jurisdiction to try the present suit ?OPD

(iv) Whether the plaintiffs are estopped by their act and conduct from filing the suit ? OPD

(v) Whether the suit is time barred ? OPD

(vi) Relief.

Vide order dated 31.1.1997, Civil Judge (Junior Division), Hissar dismissed the plaintiffs suit in view of his finding that the plaintiffs are working on posts for which the qualification required is III diploma/certificate without insistence on matric while the pay scale of Rs. 1200-2040/- is prescribed for those posts for which essential qualification is matric with III diploma/certificate. It is found that the claim of the plaintiffs that in other department officials possessing the qualification of matric with III diploma/certificate are drawing pay scale of Rs. 1200-2040/- is not tenable as they are working on posts on which qualification essential is matric with III Certificate/diploma.

Devi Parkash and Des Raj went in appeal which was allowed by the learned District Judge, Hissar vide order dated 24.12.1998.

Not satisfied with the judgment and decree of the learned District Judge, Hissar dated 24.12.1998, Haryana Agricultural University, Hissar though its Vice Chancellor has come up in appeal to this Court.

I have heard the learned Counsel for the parties and have gone through the record. .

It is not disputed that the plaintiffs are matriculates with III diploma/certificate and they are working on technical posts.

Haryana Government introduced uniform pay scale of Rs. 1200-2040/-with effect from 1.5.1990 for every technical post in its various departments for which minimum qualification prescribed is matric with III Certificate/polytechnic, whose pay scale was 750-940, 775-1025, 800-1150, 950-1400 and 950-1500 as on 1.1.1986.

It was submitted by the learned Counsel for the appellant-University that the University is not concerned with what the Haryana Government is paying. It is not concerned with that Ved Parkash Plumber Grade-2 in the office of Executive Engineer, Electrical Division, PWD (B&R), Hissar is drawing pay scale of Rs. 1200-2040/-whose qualification is matric with III diploma. It was submitted that the plaintiffs are not entitled to the pay scale of 1200- 2040/- as the qualification for the posts which they are holding is III Certificate and the holders of the posts which they are holding are not required to be matriculates and that was why they are in the pay scale of 950-1400/-. Only those categories of employees are being given the pay scale of Rs. 1200-2040/- where the essential qualification prescribed is matric with III Certificate. It was submitted that in Ex.D-2, category 40, the minimum qualification prescribed is matric with III Certificate/polytechnic for the post which will carry the pay scale of 1200-2040/- with effect from 1.5.1990, which was earlier carrying the pay scale of 750-940, 775-1025, 800-1150, 950- 1400, 950-1500 and category 40-A, prescribes "matric" as not necessary qualification. In category 40-A, the pay scale of Rs. 950-1400 has been given to every technical post in various departments of the Government of Haryana for which minimum educational qualification prescribed is only III Certificate/diploma from Polytechnic without insistence of matric. It was submitted that the plaintiffs could not be allowed higher scale of Rs. 1200- 2040/-simply because they are holding higher qualification. Pay scale goes with the post one is holding and not with the qualification one is holding. It was submitted that the post which the plaintiffs are holding are not required essentially to carry matric with III Certificate. It is required to carry only III Certificate/diploma from polytechnic.

It was submitted that in our country, instances are not far to seek where persons possessing higher qualification are working on posts for which the qualification prescribed is of lower standard, but it does not mean that whosoever possesses higher qualification should be given the pay scale of the post for which that qualification is required. It was submitted that in this case when the plaintiffs are holding the posts where essential qualification is III Certificate/diploma without insistence of matric, they cannot ask for the pay scale of Rs. 1200-2040/- simply because they are holding the qualification of matric with III Certificate, when matric with III Certificate is required for better technical job. It was submitted that the principle of equal pay for equal work is not attracted in this case when the posts which the plaintiffs are holding are not of the category for which the pay scale of Rs. 1200-2040/- is prescribed.

In nutshell the argument of the learned Counsel was that the pay scale goes with the post and not with the qualification the holder of post is carrying.

Learned counsel for the respondents on the other hand submitted that they are performing the same job which the holder, of job carrying the pay scale of Rs. 1200-2040/- is performing, particularly when it has been provided in category 40 that further recruitment of non-matric be stopped, they should be given the pay scale of Rs. 1200-2040/-.

Haryana Government gave pay scale of Rs. 1200-2040/- to a fitter in the department of Public Health w.e.f. 1.5.1990, though earlier the pay scale of this post was 950-1500/-. Similarly, to air-conditioning helper the pay scale of Rs. 1200-2040/- was given with effect from 1.5.1990 though his pay scale was earlier 950-I500/-.

This pay scale was given to them because they were holding III Certificate with matric. Haryana Government while revising the pay scale of technical posts in various departments for which minimum educational qualification is matric with III Certificate to 1200-2040/- w.e.f. 1.5.1990 decided that further recruitment of non-matric to those posts should be stopped. In C.W.P. No. 7928 of 1993 a Division Bench of this Court held that matriculates with III Certificate will be entitled to the pay scale of Rs. 1200-2040 w.e. f. 1.5.1990 i.e. the date from which the other persons similarly situated are being paid. They were plumber helper, Elect/Helper, Fitter Coolies, Fitter Coolies working in the Public Health Department of the Government of Haryana.

It was submitted that they are working on technical posts and all persons working on technical posts holding the qualification of matric and III Certificate have been allowed the pay scale of Rs. 1200-2040/-and the plaintiffs should not be discriminated against.

Plaintiffs were recruited long ago before the coming into force of the said rules. When the plaintiffs were recruited there was no such categories. Plaintiffs, are matric with III Certificate. The posts have now been categorised into two parts. It was submitted that the plaintiffs should be taken to be working on the posts for which matriculation qualification with III Certificate is required.

In Karamvir Sharma v. State of Haryana, 1997(3) SCT 803, similarly situated employees, in all the departments were granted the grade of 480-760/-.

In Amar Singh v. State of Haryana, 1992(1) SCT 435 ii was held that employees of PWD with qualification of matric with two years certificate from III were entitled to the pay scale of Rs. 1200-2040/-.

It was submitted that there could be no reason for withholding the pay scale of Rs. 1200-2040/- from the plaintiffs, which was granted to the other similarly situated persons on the earlier occasion.

Haryana Agricultural University should have allowed the pay scale of 950-1400 for those technical posts in its various departments where the holder is holding III Certificate/diploma but is non-matric. When the plaintiffs are matriculates with III Certificate, they must be given the pay scale of Rs. 1200-2040/-. The grant of equal pay for equal work is our constitutional goal.

For the reasons given above, this appeal fails and is dismissed. The benefit of this judgment will be available to all the plaintiffs irrespective of the fact whether they had or had gone in appeal to the District Judge, Hissar.

Appeal dismissed.