Shri Laxmi Singh Chauhan vs State Of Himachal Pradesh
2021 Latest Caselaw 4055 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 23rd DAY OF AUGUST 2021
                           BEFORE




                                                         .
           HON'BLE MR. JUSTICE RAVI MALIMATH,





                    ACTING CHIEF JUSTICE
                             &





         HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

           LETTERS PATENT APPEAL No. 36 of 2009





     Between:-

     SHRI LAXMI SINGH CHAUHAN,
     S/O SHRI RAI SINGH CHAUHAN,

     R/O VILLAGE RAM NAGAR,

     P.O. PRAUNTHI,
     TEHSIL JUBBAL,
     DISTT. SHIMLA, HP.
                                            .....APPELLANT



     (BY SH. RAJIV RAI, ADVOCATE)

     AND




    1. STATE OF HIMACHAL PRADESH
       THROUGH SECRETARY





       (LANGUAGES AND CULTURE),
       HIMACHAL PRADESH, SHIMLA-9.





    2. STATE OF HIMACHAL PRADESH,
       THROUGH SECRETARY (FINANCE)
       TO THE GOVERNMENT OF HIMACHAL PRADESH
       SHIMLA-2
                                    .....RESPONDENTS

     (BY SH. ASHOK SHARMA, ADVOCATE GENERAL
     WITH MR. RANJAN SHARMA, MR. VIKAS RATHORE,
     ADDITIONAL ADVOCATES GENERAL AND
     MS. SEEMA SHARMA, DEPUTY ADVOCATE
     GENERAL)
____________________________________________________




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                                   2



           This appeal coming on for orders this day, Hon'ble

    Ms. Justice Jyotsna Rewal Dua, delivered the following:




                                                                 .

                            JUDGMENT

This appeal was dismissed in default vide order dated

26.09.2012 due to non-appearance of the learned counsel for

the appellant. On 19.10.2012/02.12.2012, CMP

No.60044/2013 was filed for recalling the order dated

26.09.2012 and for restoration of the appeal to its original

position. It is surprising that for about nine years thereafter no

mention was made for taking up the aforesaid application.

The application is therefore liable to be dismissed on this very

ground. However, to meet the ends of justice, we have gone

through the merits of the matter as well.

2. The appellant had filed the Original Application with the

following prayer:-

"That the respondents may very kindly be

directed to give effect to the proposals submitted by the Director, Language & Culture to the respondent No.1 on 19.1.1993 and 22.8.95 at Annexures A-4 & A-9 respectively and place the Research Assistants in the pay scales of 2000- 3500 by upgrading and re-designating the post of Research Assistants as Research Officer in parity with the Punjab pattern."

3. The appellant was seeking parity in the pay-scale

based on revision of pay-scale of the employees of Language

.

and Culture Department State of Punjab on the basis of

annexures A-4 and A-9 issued by the Director Language and

Culture Department Himachal Pradesh.

The respondents-State submitted that on revision of

pay-scale, the appellant alongwith others were allowed the

revised Pay-Scale of Rs.1800-3200 w.e.f. 1.1.1986. Post of

Research Assistant was not upgraded/re-designated in State

of Himachal Pradesh keeping in view the limited functional

requirement of the department as compared to the State of

Punjab. Staffing pattern in the department differs from State to

State due to functional requirement of the department of the

respective States. The recommendations (Annexures A-4 and

A-9) of the Director of the Language and Culture were

considered and it was decided by the State not to accept the

same. Learned Single Judge accepted the contentions raised

by the State and dismissed the petition.

4. We have heard learned counsels for the parties.

The recommendations made on administrative side by

the Director with respect to the pay-scales are not binding on

the State Government. These are matters of policy of the

State. As per the stand of the State, appellant has been

allowed the revised pay-scale of Rs.1800-3200 w.e.f.

1.1.1986. The appellant has no vested right to the scale Rs.

.

2000-3500 in absence of non-upgradation of the posts of

Research Assistant on the analogy of pattern followed in the

State of Punjab. Scales followed by the State of Punjab are

not ipso facto applicable to the State of Himachal Pradesh.

Structuring of the staffing pattern differs in both the States in

view of their different functional requirements. The impugned

judgment passed by the learned Single Judge is justified and

does not call for any interference. The instant appeal is,

therefore, dismissed.

( Ravi Malimath ) Acting Chief Justice

( Jyotsna Rewal Dua )

Judge

August 23, 2021 (rohit)