Himachal Pradesh High Court
State Of H.P vs Smt. Kurmo Devi on 24 August, 2021
Bench: Ravi Malimath, Justice, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th 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. 339 of 2012
Between:-
1. STATE OF H.P.
THROUGH COMMISSIONER-CUM-
SECRETARY (EDUCATION) TO THE
GOVT. OF H.P. SHIMLA-2
2. DIRECTOR OF ADULT EDUCATION,
HIMACHAL PRADESH, SHIMLA-1
......APPELLANTS
(BY SH. ASHOK SHARMA, ADVOCATE
GENERAL WITH SH. RANJAN SHARMA
& SH. VIKAS RATHORE, ADDITIONAL
ADVOCATES GENERAL AND SH. R.P.
SINGH & MS. SEEMA SHARMA,
DEPUTY ADVOCATES GENERAL)
AND
1. SMT. KURMO DEVI
W/O LATE SHRI HAKAM SINGH
2. HARENDER,
S/O LATE SHRI HAKAM SINGH
3. SMT. YASH KUMARI,
D/O LATE SHRI HAKAM SINGH
::: Downloaded on - 31/01/2022 22:56:37 :::CIS
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ALL ARE RESIDENTS OF
VILLAGE MUNDKHAR GAINDA,
POST OFFICE MUNDKHAR,
TEHSIL BHORANJ,
DISTT. HAMIRPUR, H.P.
.
4. SHRI GHANSHYAM SURI,
PROJECT OFFICER, ADULT
EDUCATION, KULLU, H.P.
5. SHRI RAMESH KUMAR,
PROJECT OFFICER, ADULT
EDUCATION, KEYLONG,
DISTT. LAHAUL AND SPITI
......RESPONDENTS
(BY SH. K.D. SHREEDHAR,
SENIOR ADVOCATE WITH
MS. SHREYA CHAUHAN,
ADVOCATE)
This Appeal coming on for hearing this day, Hon'ble
Ms. Justice Jyotsna Rewal Dua, delivered the following:
JUDGMENT
The prayer of the writ petitioners for grant of pay scale of
Rs.2400-4000/- w.e.f. 01.01.1986 and Rs.2850-4375/- w.e.f.
18.02.1989, was accepted by the learned Single Judge vide
judgment dated 26.08.2011. The respondents therein have also
been directed to release to the writ petitioners all corresponding
revisions of pay scales, which had been granted in the State of
Punjab to the Project Officers. Aggrieved, the State has assailed the
impugned judgment in the instant appeal.
All the writ petitioners have superannuated. One of the writ
petitioners died during pendency of the writ petition and has been
substituted by his legal representatives. Parties are being referred to
.
hereinafter as they were before the learned Single Judge.
2(i). Petitioners were working as Project Officers in the Directorate
of Adult Education, Himachal Pradesh. This post was created in the
respondent-State in 1975. It carried the pay scale of Rs.700-1300/-
in 1978. In State of Punjab, this post was created on 01.04.1981 in
the pay scale of Rs.1200-1700/-. In State of Himachal Pradesh, this
scale was revised to Rs.2000-3500/- as on 16.03.1996. In Punjab,
pay scale of Rs.1200-1700/- was revised to Rs.2400-4000/- w.e.f.
01.01.1986 and Rs.2850-4375/- w.e.f. 18.02.1989.
2(ii). Project officers working in the State of Himachal Pradesh filed
a civil writ petition, being CWP No.586 of 1984, seeking the pay
scale of Rs.1200-1700/- as was allowed to Project Officers in the
State of Punjab. This writ petition was allowed by the learned
erstwhile H.P. Administrative Tribunal (in short 'Tribunal') as T.A.
No.662 of 1986 on 04.06.1990. Petitioners (therein) were held
entitled to the pay scales being given to their counterparts by
Government of Punjab. The relevant paras of the judgment read as
follows:-
"5. ............................... If that be so, we feel that
when the pay scale of Project Officer has come into
existence in the State of Punjab viz Rs.1200-1700 there
is no reason why the same should not be allowed in
.
favour of their counterparts in the State of Himachal
Pradesh, that is, the petitioners as in not doing so would
amount to discrimination against this category of posts in
violation of the provisions of Articles 14 & 16 of the
Constitution. We, therefore, hold that the petitioners are
entitled to the pay scale of Rs.1200-1700 as allowed in
the State of Punjab to the Project Officers.
Now as regards question No.2, we do not find any
difficulty in rejecting the claim of the petitioner No.1 for
this scale retrospectively that is, from the date of
promotion 23.2.1978 as at that time no such post was in
existence in the State of Punjab. He is, however, entitled
to this pay scale as on and w.e.f. April 1, 1981. So far as
the petitioner No.2 is concerned, admittedly his date of
appointment is subsequent to April 1981 as Project
Officer and he would be entitled to this grade only from
the date of his appointment as Project Officer in October
1981, and the above two questions are decided
accordingly.
6. In view of the above the petition is allowed to the
extent as stated above. The petitioners will be entitled to
all the consequential benefits and the revision of pay
scales and arrears on this basis be worked out and paid
to them within a period of three months from today."
The respondent-State was directed to release to the
petitioners (therein) the pay scale of Rs.1200-1700/- w.e.f.
01.04.1981. Petitioners were also held entitled to all consequential
.
benefits and revision of pay scales.
2(iii). The order passed by the learned Tribunal was assailed by the
State before the Hon'ble Apex Court in Civil Appeals No.1709-1710
of 1997. The Hon'ble Apex Court vide judgment dated 28.02.1997,
modified the order passed by the learned Tribunal and held the
petitioners (therein) entitled to the pay scale of Rs.1200-1700/- as
revised to Rs.2000-3500/- as per notification dated 16.03.1996 w.e.f.
01.05.1984 instead of 01.04.1981. The operative part of the
judgment runs as under:-
"In the facts and circumstances of the case, it
appears appropriate to us, that the benefit of the pay scale
of Rs.1200-1700, which has been revised to Rs.2000-
3500/-, as per notification dated 16.3.1996 be made
available to the respondent with effect from 1.5.1984 i.e.
after the Chief Minister had agreed in principle to revise it
on 24.4.1984 and not from any earlier date. We make an
order accordingly. The impugned order shall stand
modified to the extent that the benefit of the revised pay
scale of Rs.1200-1700 shall be given to the respondents
only with effect from 1.5.1984 and not from 1981 as
ordered by the Tribunal. The appeals are disposed of. No
costs."
2(iv). The present petitioners were not parties to the
aforementioned litigation. They instituted O.A. No.1254 of 1991
.
before the learned Tribunal. The petitioners prayed for direction to
the respondents to grant them the pay scale of Rs.1200-1700/-
w.e.f. their dates of appointment/promotion as Project Officer, with
further prayer that the pay scale be revised on the pattern of pay
scales being given by the Punjab Government. For claiming such
relief, the petitioners relied upon the judgment passed by the
learned Tribunal on 04.06.1990 in T.A. No.662 of 1986. O.A.
No.1254 of 1991 was disposed of by the learned Tribunal on
11.09.1995 with a direction to the Secretary (Education) to treat the
same as representation and decide it within three months. The
representation was rejected by the Secretary (Education) on
08.12.1995.
2(v). Feeling aggrieved, the petitioners filed O.A. No.375 of 1997.
By this time, the civil appeals filed by the State against the order of
the learned Tribunal rendered in T.A. No.662 of 1986, had also been
decided. The learned Tribunal, on considering the judgment passed
by the Hon'ble Apex Court, allowed the original application
(O.A. No.375 of 1997) vide order dated 05.05.1997. The petitioners
were held entitled to the pay scale of Rs.1200-1700/-, revised to
Rs.2000-3500/- w.e.f. 01.05.1984 or from the date of their
appointment, whichever was earlier. The State was also directed to
.
give the consequential benefits to the petitioners.
2(vi). The petitioners thereafter filed O.A. No.2652 of 1999, claiming
the pay scale of Rs.2400-4000/- w.e.f. 01.01.1986 and Rs.2850-
4375/- w.e.f. 18.02.1989 alongwith arrears of salary/consequential
benefits etc.
Vide impugned judgment, the learned Single Judge has
allowed the original application as CWP(T) No.6082 of 2008. The
State has been directed to grant to the petitioners pay scale of
Rs.2400-4000/- w.e.f. 01.01.1986 and Rs.2850-4375/- w.e.f.
18.02.1989 as well as all corresponding revisions, which had taken
place in the State of Punjab in respect of the category of Project
Officers. Aggrieved, the State has preferred the instant appeal.
3. Heard learned counsel for the parties and gone through the
case file.
4. We are of the considered view that for the reasons recorded
hereinafter, this appeal deserves to be dismissed:-
4(i). Learned Tribunal in the order dated 04.06.1990 passed in
T.A. No.662/1986, had decided the issue of pay scales admissible to
the Project Officers on Punjab pay pattern. This decision was upheld
by the Hon'ble Apex Court on 28.02.1997 in Civil Appeals No.1709-
1710 of 1997, but with a modification in respect of date of release of
.
pay scales. The Project Officers werer held entitled to the pay scale
of Rs.1200-1700/- as revised to Rs.2000-3500/- w.e.f. 01.05.1984.
The relief has been granted on the analogy of benefits and revision
of pay scales in the State of Punjab.
4(ii). The post of Project Officer was created in the State of
Himachal Pradesh in 1975, whereas in the State of Punjab, it was
created in 1981 in the pay scale of Rs.1200-1700/-. The post of
Project Officer was not in existence in the State of Punjab in 1975,
therefore, the post was carrying a different pay scale in the State of
Himachal Pradesh. It is for this reason that the Hon'ble Apex Court
granted the pay scale of Rs.1200-1700/- to the Project Officers
(Petitioners in T.A. No.662/1986) w.e.f. 01.05.1984, i.e. after the
creation of the post of Project Officer in the State of Punjab.
4(iii). The irresistible conclusion is that the Project Officers are
entitled to the pay scales given to their counterparts in the State of
Punjab. The State of Punjab vide notification dated 17.02.1989,
revised the pay scale of Project Officers to Rs.2400-4000/- w.e.f.
01.01.1986 and Rs.2850-4375/- w.e.f. 17.02.1989.
4(iv). The petitioners were identically placed. Learned Tribunal has
also held so. Therefore, they are also entitled to get the pay scale of
Rs.1200-1700/-, further revised to Rs.2400-4000/- w.e.f. 01.01.1986
.
and Rs.2850-4375/- w.e.f. 18.02.1989. Learned Tribunal had
already come to the conclusion vide judgment dated 04.06.1990,
that the pay scale to the post of Project Officers is to be released on
pattern of Punjab Government. Benefit of revisions of pay scale has
also been allowed. The judgment was affirmed by the Hon'ble Apex
Court. It is not in dispute that in the instant case, for the post in
question, the State of Himachal Pradesh had followed the Punjab
pattern of pay scales. Learned Deputy Advocate General stated that
cadre of the petitioners had been declared as dying cadre.
Petitioners have been praying for grant of benefits of pay scales and
its revisions as per Punjab Government pattern ever since 1991.
Petitioners are not only entitled to the pay scale of Rs.1200-1700/-
w.e.f. 01.05.1984, but also to the corresponding revised pay scale of
Rs.2400-4000/- w.e.f. 01.01.1986 and Rs.2850-4375/- w.e.f.
18.02.1989.
The judgment passed by the learned Single Judge suffers
from no infirmity. Consequently, the instant appeal being devoid of
merit, is dismissed. Pending miscellaneous application is also
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disposed of.
It is clarified that the present judgment is being passed in the
peculiar facts and circumstances of the case keeping in view the
.
judgments passed by the learned erstwhile H.P. Administrative
Tribunal on 04.06.1990 in T.A. No.662/1986 and the judgment dated
28.02.1997 passed by the Hon'ble Apex Court in Civil Appeals
No.1709-1710 of 1997. The benefit of present judgment shall be
confined only to the parties herein.
( Ravi Malimath )
Acting Chief Justice
( Jyotsna Rewal Dua )
August 24, 2021 Judge
Mukesh
