Judgment:
LPA No.33 of 2014(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.33 of 2014(O&M) Date of decision: 11.02.2014 Uttar Haryana Bijli Vitran Nigam and others …..Appellants versus Subhash Chander and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Harinder Singh Sidhu Present: Mr.Mohnish Sharma, Advocate for the appellants Jasbir Singh, J.
(Oral) CM No.68 of 2014 This application has been filed for condonation of 82 days delay in filing the appeal.
The application is accompanied by an affidavit.
In view of reasons mentioned therein, it is allowed and delay stands condoned.
LPA No.33 of 2014 (O&M) Respondent Nos.1 to 7 filed CWP No.9904 of 2005 with a prayer to quash order dated 12.5.2005 (P12).vide which benefit of higher technical pay scale was denied to them.
Further declaration was sought that the authorities be directed to grant them pay scale of Rs.1200-2040 from the date they joined service against the post of Helper Grade II.
It was their case that they possess the qualification of Matric with ITI and as per notification dated 23.8.1990, they were entitled to get above said benefit.
As per facts on record, the respondents were appointed as Helper Grade II between January 1992 and June 1992.
For the said post as per Rules, minimum prescribed qualification was Matric with ITI.
On representation being made, the Chief Engineer, vide letter dated 20.5.1998 recommended their case for grant of higher pay scale.
It is also on record that the Helpers were Krishan Gopal 2014.02.17 11:27 I attest to the accuracy of this order High Court Chandigarh LPA No.33 of 2014(O&M) 2 promoted to the next post of Shift Attendants in the year 2004.
When despite making many efforts, they failed to get positive response, a legal notice was served upon the authorities on 18.10.2004.
When it failed to yield any result, they filed CWP No.2082 of 2005 which was disposed of on 8.2.2005 directing the authority concerned to look into their grievance as raised in the legal notice and pass an appropriate order.
In response to the directions, order dated 12.5.2005, declining their prayer was passed.
The learned Single Judge noted that the issue in dispute has already been settled by various judgments of this Court vide which higher technical pay scales were granted to those who possess minimum technical qualification for the post in question.
By placing reliance upon judgment of this Court in Shamsher Singh and others v.
State of Haryana and others (CWP No.9510 of 1994).decided on 22.12.2008, prayer made by the respondents was granted.
At the time of arguments, counsel for the appellants has failed to show anything to the contrary.
It is not in dispute that the respondents possess the minimum qualifications which are prescribed for the post in question.
It is also not in dispute that others similarly situated employees are getting higher pay scale.
No case is made out for interference.
The appeal stands dismissed.
(Jasbir Singh) Judge 11.02.2014 (Harinder Singh Sidhu) gk Judge Krishan Gopal 2014.02.17 11:27 I attest to the accuracy of this order High Court Chandigarh