The claim of the respondents with regard to the revision of pay scales, however, was number taken up by the Standing Committee.
Revision of pay scales were made applicable to the Engineers in the Corporation w.e.f.
The proposal was placed before the Standing Committee in its meeting that was held on 28.05.1992, which approved the pay scales in a selective manner.
It was companytended that the Corporation is running under loss and because of its financial position, the Corporation is number in a position to equate the pay scales of its Engineers, Law Officers and other employees equivalent to the Engineers of the three wings of PWD and other employees working on the equivalent posts of the State Government.
In case, the needful is number done within the aforesaid time, the petitioners shall be entitled to the payment of arrears, etc.
834/1996 of A.S. Dhir, respondents herein.
Based on the recommendations of the Sub Committee, the Corporation companyld submit a fresh proposal for companysideration of the Standing Committee, if need be.
By another letter of the said Department No.
The Board of Directors of the Corporation in its 94th meeting held on 18.08.1989 decided that in view of the parity in pay scales that had been maintained in the past between the Corporation and their companynter parts in the Haryana Government Departments, which was approved by the Finance Department, may be recommended to the Public Enterprises and Investment Cell of the Finance Department, Haryana, for their companycurrence.
The needful shall be done within 4 months from the date of receipt of a companyy of this order.
Being aggrieved, the Corporation carried the matter in intra court appeal before the Division Bench.
Shri Chakrawarti Garg, Law Officer working with the Corporation, filed Civil Writ Petition No.
The decision taken in the aforesaid meeting reads thus It was decided to companystitute a Sub Committee companyprising of Member Secretary, Haryana Bureau of Public Enterprises Managing Director, Haryana State Minor Irrigation Tubewell Corporation and Joint Secretary Finance Pay Revision to review the entire staffing pattern along with pay scale of CORPORATION.
As numbericed earlier, initially, when the Corporation was formed, almost the entire Engineering staff right from the rank of Chief Engineer to the rank of AEs SDOs SDEs was taken on deputation from the Irrigation Department of the State Government till the Corporation recruited its own cadre of AEs.
3700 5000 Rs.
Qualifications and experience for recruitment and promotion to the ranks of AEs, SDOs, Executive Engineers, Superintending Engineers and Chief Engineers are the same as in the Irrigation Department.
5946/1994 and Civil Writ Petition No.
During the hearing of Letters Patent Appeal, a companyy of the final decision taken by the Government had been handed over to the Bench vide which the Finance Committee of the Government decided that pay scales of the Engineers along with the doctors of Health Department and Deputy Superintendents of Police were further revised.
The revision of pay scales with effect from 01.01.1986 was also approved by the Pay Revision Committee PRC companystituted by the Haryana Government for revision of pay scales of the employees of various public Undertakings Boards Corporations in its meeting held on 21.09.1988.
The revision in the pay scales of the Superintending Engineers, Accounts Officers, Circle Head Draftsmen, Divisional Head Draftsmen, etc.
The respondents submitted repeated representations but they companyld number get any relief and the respondents were left with numberoption but to file the writ petitions before the High Court.
The proposal of the Board of Directors of the Corporation for revision of pay scales of the Corporation Engineers was sent to the Finance Department and in the said proposal, it was brought to the numberice of the Standing Committee that the revised pay scales had already been granted to the Engineers of the Haryana Urban Development Authority and that of the Haryana State Electricity Board.
5946/1994 and Shri A.S. Dhir, SDO of the Corporation filed Civil Writ Petition No.
The meetings aforesaid of the Sub Committee were held on 16.01.1992 and 6.02.1992.
The names of the posts, their existing and revised pay scales are tabulated as below Name of the Post Existing Scales of pay Revised Scales of Pay Superintending Engineer Rs.
01.05.1989 in respect of the Engineers of the Corporation in 97th meeting held on 25.06.1990, subject to the companycurrence of the Finance Department.
The Board of Directors of the Corporation companysidered and approved the adoption of the above modified scales of pay w.e.f.
4100 5300/ vide Finance Department letter No.6/38/3PR FD 27 dated 16.05.1989.
The proposal of the Corporation for revision of pay scales of engineering staff was placed for companysideration of the Standing Committee in its meeting held on 15.11.1991.
were approved, whereas the revision of pay scales of the AEs SDOs SDEs was postponed and it was decided that the matter would be examined separately by the Finance Department.
The main defence of the Corporation in its written statement before the High Court was that there has been a revision of pay scales of Engineers of three wings of Public Works Department only of the State Government who have to carry out more arduous duties under different companyditions and companystraints because of the development activities undertaken by the State under its phased programme and time bound schedule, whereas the Engineers employed by the Corporation have been discharging numbermal routine duties.
The Corporation companytested the claim of the respondents before the High Court by filing written statement wherein it has been pleaded that the respondents are seeking revised pay scales on the pattern of Engineers of three wings of PWD of the State Government.
01.01.1986, but thereafter the Haryana Government, while removing certain anomalies in the pay scale of the Superintending Engineers, further revised the pay scales of SEs of PWD B R , Public Health and Irrigation Department from Rs.3700 5000/ to Rs.
Hence, the Corporation and others have filed these appeals questioning the companyrectness and validity of the companymon judgment of the Division Bench of the High Court.
9244 OF 2003 W I T H CIVIL APPEAL NO.
9239 OF 2003 Haryana State Minor Irrigation Tubewells Corporation Ors.
9248 OF 2003 Haryana State Minor Irrigation Tubewells Corporation Ors.
The Corporation ever since its inception in the year 1970 has been following the pay scales of the employees of the Haryana Government as revised from time to time in respect of all categories of its employees.
It has further been stated that as the matter was under active companysideration and had number been finally decided by the Finance Department, numbercause of action arose to the respondents and, therefore, the writ petition being premature was liable to be dismissed on that sole ground.
However, in the circumstances of the case, there will be numberorder as to companyts.
The Corporation was carved out of the Irrigation Wing of the Public Works Department and since its inception in the year 1970, a number of officers have been appointed to different posts by way of deputation.
Appellants Versus Chakrawarti Garg Respondent W I T H CIVIL APPEAL NO.
9244/2003 and 9248/ 2003, at the time of filing of the writ petitions, were working on the post of Sub Divisional Officer SDO , Sub Divisional Engineer SDE and Assistant Engineer AE with the Haryana State Minor Irrigation Tubewells Corporation Ltd. for short the Corporation appellant No.
4100 5300 Engineers AEE AE SDO SDE Class I II Rs.2200 4000 Rs.2000 3500 Rs.2200 4000 Rs.3000 4500 After 5 years of regular service Rs.4100 5300 After 12 years of regular service The Haryana Government once again modified pay scales of the Engineers vide letter dated 16.05.1990 with effect from 01.05.1989 as under Name of the Post Existing Scales of pay Revised Scales of Pay Engineers AEE AE SDO SDE Class I II Rs.2200 4000 Rs.2000 3500 After 5 years of regular service Rs.4100 5300 After 12 years of regular service Rs.2200 4000 Rs.3000 4500 After 5 years of regular satisfactory service Selection Grade Rs.4100 5300 After 12 years of regular satisfactory service limited to 20 of the cadre posts.
Keeping in view these facts, pay scales of employees of the Corporation including those of Engineers were revised with effect from 01.04.1979 and 01.01.1986 on the pattern of revision of pay scales approved by the Haryana Government for its employees.
All those employees who came on deputation on whatever post, were granted pay scales as revised by the Haryana Government from time to time for the Engineers in the Government Departments, like PWD B R , Public Health and Irrigation Department.
Minutes of these meetings companytaining recommendations of the Sub Committee were placed for companysideration of the Standing Committee in its meeting held on 28.05.1992 wherein it was decided as under The revision of pay scales of posts of AEE AE SDO SDEs was postponed and it was decided that the matter will be examined separately by the Finance Department.
State of Haryana exercises deep and pervasive companytrol over the Corporation.
along with interest 12 per annum from the date of accrual to the date of actual payment.
REPORTABLE CIVIL APPEAL NO.
The Division Bench by impugned order dated August 22, 2001 dismissed the Letters Patent Appeal of the Corporation and allowed the Civil Writ Petitions filed by Shri Chakrawarti Garg and Shri S. Dhir respondents herein.
834/1996.
By the impugned judgment, the Division Bench of the High Court dismissed the Letters Patent Appeal filed by the appellants against the judgment and order dated May, 18, 1993 of the learned Single Judge passed in C.W.P. No.14200/1993 and allowed C.W.P. No.
6/38/PR dated 02.06.1989, salaries of other Engineers, such as AEEs AEs SDOs SDEs Class I and Class II were also revised with effect from 01.05.1989 by way of removal of anomalies.
834/1996 before the Division Bench of the High Court claiming revision of pay scales at par with the other employees discharging same and similar duties and responsibilities at equivalent posts with the State Government, Boards and Corporations.
The pay scale is subject to revision by the Board, which will, however, generally follow the pattern adopted by the Government of Haryana from time to time.
Secretary, Irrigation Department Secretary, Agricultural Department Secretary, Finance Department, to the Government of Haryana Chairman, Haryana State Electricity Board and Chief Engineer Canals , Irrigation Works, Haryana, were the exclusive shareholders in the Corporation at the time of its formation in the year 1970.
Their duties were inter changeable and as such it was the case of the respondents before the High Court that there was numberdifference whatsoever between the duties and responsibilities expected to be shouldered by a deputationist and by an employee of the Corporation.
5946/1994 filed by Chakrawarti Garg and C.W.P. No.
It was further resolved that any further amendment modification made by the Haryana Government in the pay scales of the Engineers may also be made applicable in respect of the Corporation employees, subject to the companycurrence of the Finance Department.
9239/2003 was working as Law Officer with the Corporation.
Rule 5.1 of Part V of the Service Bye Laws of the Corporation reads as under Each post in the Corporation will carry a time scale of pay, the present pay scale being indicated in Appendix II.
The respondents pleaded before the High Court that there was numberqualitative difference between the duties and responsibilities of persons employed on the posts of SDOs, SDEs, AEs in various departments of Haryana Government, such as Public Works Department Buildings and Roads , Public Health Departments, various Corporations, Haryana State Electricity Board, Haryana Urban Development Authority and several other Boards.
The respondent in C.A. No.
1, which is a Government companypany, within the meaning of that expression under the Companies Act, 1956.
These appeals are similar in nature and they involve identical questions of law and facts and, therefore, they are being decided by this companymon judgment.
725/1993 and Civil Writ Petition No.
Appellants Versus S. Dhir Respondent Lokeshwar Singh Panta, J. These appeals, by special leave, filed by Haryana State Minor Irrigation Tubewells Corporation Others are directed against the companymon judgment dated August 22, 2001 passed by the Division Bench of the High Court of Punjab and Haryana in Letters Patent Appeal No.
There were about 27 SDOs on deputation from the Irrigation Department working in Corporation whose nature of duties and responsibilities were similar and identical to the nature and duties of the SDOs working in the equivalent post of Corporation.
The facts giving rise to the filing of these appeals are that the respondents in Civil Appeal Nos.
