Durga Dass and Others vs Punjab State Industrial Export Corporation and Others

Mahesh Grover, J.—The petitioners'' claim in the instant petition is that they were granted the pay-scale of Rs. 3120-6200 which has been withdrawn and recovery effected from them. There is however, no order to this effect on record. The petitioners'' averment and the reply filed by the respondents would indicate that the petitioners were working on daily wage basis and were being paid their wages as per the provisions of P.W.D. C.S.R. 1987 (common schedule of rates) as per the sanction accorded by the competent authority. It has specifically been stated that the petitioners were paid at the said rates with no benefit of regular pay-scale admissible to the regular employees for the simple reason that the petitioners were working on daily wages/contract basis. However, D.A. was given to them with effect from 1.12.1999, but this itself would not indicate that a regular pay-scale was given to them. The fact of the regular pay scale of Rs. 3120-6200 has been specifically denied by the respondents. Counter-affidavit has been filed by the petitioners to indicate that the pay scale of Rs. 3120-6200 was erroneously mentioned, whereas actually, it should have been Rs. 3120-5160. They have, however, admitted that they were being given the daily rate i.e. Rs. 84.32 paise and 170% D.A. and according to them, it comes to Rs. 3120/- and therefore, from it an inference should be drawn that they were placed in the pay scale of Rs. 3120-6200.

I am afraid, such an interpretation placed by the petitioners is totally erroneous. No material has been shown that they were ever regularized in the cadre. Therefore, merely because one component of the daily wages was made admissible to the petitioners which corresponds with the basic-pay, would not be an indicator that the petitioners were admitted to a regular pay scale.

Finding that the petitioners themselves have admitted that they were working on daily wages, their plea that they are entitled to the pay scale of Rs. 3120-5160, is erroneous. Besides this, the prayer of the petitioners that this benefit has been withdrawn from them, is also not evident from any material on record. In fact, what to talk of the question of withdrawal of the benefit, even the grant of benefit is not evident from the facts on record. The petition is therefore, dismissed.