Himachal Pradesh High Court
Lpa No.14/202 vs 2 on 15 September, 2023
Bench: Vivek Singh Thakur, Bipin Chander Negi
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
LPA No.14/2021 with LPA No.8/2021, Civil Writ
Petition Nos.1622, 3581, 3607, 3706, 3707, 3709,
3790, 3839, 3840, 3843, 4098, 4099, 4100, 4379,
.
5977, 6311, 7349, 7350, 7351, 7352, 7353, 7798,
7815, 8001, 8002 of 2021, 8, 10, 11, 12, 13, 14, 15,
16, 769, 901, 1160, 1435, 2174, 2175, 3176, 5382,
5525, 5526, 5630/2022 and 825 & 4036/2023.
Date of Decision:15th September, 2023.
1. LPA No.14/2021
Dr. Y.S. Parmar University of Horticulture and Forestry, Nauni, District
Solan, H.P, through its Registrar. .....Appellant
Vs.
2.
Mansa Ram & ors.
LPA No.8/2021
to .....Respondents.
Dr. Y.S. Parmar University of Horticulture and Forestry, Nauni, District
Solan, H.P, through its Registrar.
.....Appellant
Vs.
Anant Ram & Ors. .....Respondents.
3. CWP No.1622/2021
Non-Teaching Employees (Driver & Mechanic) Union. .....Petitioner.
Vs.
State of H.P & Ors. .... Respondents.
4. CWP No.3581/2021
Devi Saran & Ors. .....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents.
5. CWP No.3607/2021
Savita Thakur & ors. .....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents.
6. CWP No.3706/2021
Raj Kumar Sood & ors. .....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents.
7. CWP No.3707/2021
Arun Kumar Lamba & ors. ....Petitioners.
.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents.
8. CWP No.3709/2021
Ramesh Chand Sharma & Ors. ....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents.
9. CWP No.3790/2021
Nagesh Chandel & Ors. ....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
10. CWP No.3839/2021
Babu Ram Sharma ....Petitioner.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
11. CWP No.3840/2021
Dev Brat Negi & ors. ....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
12. CWP No.3843/2021
Manohar Lal Sharma ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
13. CWP No.4098/2021
Kanta Thakur ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
14. CWP No.4099/2021
Uttam Chand Sharma .....Petitioner
Vs.
.
Dr. Y.S. Parmar University & Ors. ....Respondents
15. CWP No.4100/2021
Surender Kumar Sharma & anr. ....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
16. CWP No.4379/2021
Khazana Ram ....Petitioner
Vs.
Y.S. Parmar University & Ors. ...Respondents
17. CWP No.5977/2021
Urmila Pathania & Ors. .....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
18. CWP No.6311/2021
Jia Lal Sharma ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
19. CWP No.7349/2021
Chet Ram ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
20. CWP No.7350/2021
Budhi Ram Sharma ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
21. CWP No.7351/2021
Sukh Ram .....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
22. CWP No.7352/2021
.
Som Parkash .....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
23. CWP No.7353/2021
Kirpa Ram ...Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
24. CWP No.7798/2021
Brahma Nand Sharma & Ors. ...Petitioners
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
25. CWP No.7815/2021
Parma Nand & Ors. ...Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
26. CWP No.8001/2021
Dhan Bahadur & Ors. ....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
27. CWP No.8002/2021
Ramesh Kumar & Ors. ....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
28. CWP No.8/2022
Ram Krishan ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
29. CWP No.10/2022
Puran Singh ....Petitioner
Vs.
.
Dr. Y.S. Parmar University & Ors. ...Respondents
30. CWP No.11/2022
Hem Parkash ...Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
31. CWP No.12/2022
Thakur Dass ...Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
32. CWP No.13/2022
Chiranji Lal ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
33. CWP No.14/2022
Sita Ram Sharma ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
34. CWP No.15/2022
Kalavati Justa ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
35. CWP No.16/2022
Gulab Singh ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
36. CWP No.769/2022
Kapoor Singh & anr. ....Petitioners
.
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
37. CWP No.901/2022
Suresh Chand Jaryal ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
38. CWP No.1160/2022
Ganesh Dutt & ors. ....Petitioners
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
39. CWP No.1435/2022
Gian Singh Kanwar ...Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
40. CWP No.2174/2022
Kali Ram Sweeta & Ors. ....Petitioners
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
41. CWP No.2175/2022
Rajinder Singh & ors. ....Petitioners.
Vs.
Dr. Y.S. Parmar University & Ors. ......Respondents
42. CWP No.3176/2022
Mamta Bharti & ors. ....Petitioners.
Vs.
State of H.P & ors. ....Respondents.
43. CWP No.5382/2022
Jawala Nand ...Petitioner
Vs.
.
Dr. Y.S. Parmar University & Ors. ...Respondents
44. CWP No.5525/2022
Leela Devi ....Petitioner
Vs.
Y.S. Parmar University & Ors. ...Respondents
45. CWP No.5526/2022
Chet Ram Verma ....Petitioner
r Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
46. CWP No.5630/2022
Jai Parkash ....Petitioner
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
47. CWP No.825/2023
Hari Singh & Ors. ....Petitioners
Vs.
Dr. Y.S. Parmar University & Ors. ...Respondents
48. CWP No.4036/2023
Joginder Singh & anr. ...Petitioners.
Vs.
Dr. Y.S. Parmar University. ......Respondent.
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1 Yes.
For the Appellant(s)/Petitioner(s):Mr. Ramesh Chand Sharma, Advocate, for
the appellant(s) in LPA No.14 and 8/2021.
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
M/s Naresh Kumar Gupta, P.P. Chauhan, R.S.
Gautam, Rajesh Verma, Anil Kumar God, Mr.
Ravi Tegta, Advocates and Ms. Babita
Chauhan, Advocate vice Mr. A.K. Gupta,
Advocate, for the respective petitioners.
.
For the Respondents: Mr. J.L. Bhardwaj, Sr. Advocate with
Mr. Sanjay Bhardwaj, Advocate, for private
respondents in LPA No.8/2021 and Mr. P.P.
Chauhan, Advocate, for private respondents in
LPA No.14/2021.
Mr. Anup Rattan, Advocate General with
Mr. Rajesh Mandhotra, Addl. Advocate General,
for the respondents/State.
Mr. Prince Chauhan, Advocate, for respondent
No.3/CSK, Krishi Vishwavidyalya, Palampur, in
CWP No.1622/2021.
Mr. Ramesh Chand Sharma, Advocate, for the
r respondents/Y.S. Parmar University.
Vivek Singh Thakur, Judge (oral).
These Letter Patent Appeals and Writ Petitions, for involvement
of common question of law and fact required to be adjudicated, are
being decided by this common judgment.
2. Respondents in appeals (hereinafter referred to as
'petitioners') and Writ Petitioners in all petitions have approached the
Court for payment of allowances to them at par with their counter
parts in Himachal Pradesh Secretariat/Government.
3. Petitioners are employees of respondents/Dr. Y.S. Parmar
University and CSK Himachal Pradesh Krishi Vishwavidyalya, Palampur,
serving on various posts. Admittedly, the Statutes in force and
governing the relation between parties, in both Universities, are
identical. Clause 5.6 (1) of Statutes is relevant for adjudication of the
issue involved in present cases, which reads as under:-
"5.6 (1) The scale of pay of the posts of grade A, B, C and
.
D employees of the University shall be as prevalent at present.
The Recruitment and Promotion Rules and conditions and rules
for the release of higher scales of pay for admissibility of special
pay and other allowances to the employees shall be the same as
applicable from time to time to the employees holding
corresponding posts in the concerned department of HP Govt.
with which the present scales have been equated. For example,
for the ministerial staff including drivers the scales of pay and R &
P rules will correspond to the Secretariat staff of the H.P. Govt.
for the scales and R & P rules of posts in the Estate Cell with the
Public Works Department (except the workshop staff in whose
case the HPU/HRTC pattern of pay scales and R & P rules shall be
applicable) and for Technical staff (other than Laboratory staff)
with the Department of Horticulture/Forest/Fisheries/Animal
Husbandry/Education or where the University has evolved its own
pay scales, the same will be revised by keeping in view the
relative position of the pre-revised scales. The rates of local
allowances shall be as admissible to the State Govt. servants at
the concerned stations of posting. However, the release of higher
scales or allowances will not be automatic consequent upon a
revision in the State Govt. but shall be subject to the approval of
the Board of Management.
Provided that, if the University adopts the pay scales in
respect of some category of employees from some other
organization in view of anomalies of pay scales, working
conditions etc. then the corresponding R & P rules of that
organization will automatically apply in the case of that category
of employees. However, if upon adoption of a pay scale from
some organization, the R & P rules that category of employees are
not existent in that organization, the University will make its own
R & P rules in respect of that category of employees."
4. We have heard learned counsel for parties and have gone
through the impugned judgment assailed in the appeals and also the
pleadings in the Writ Petitions.
.
5. The issue involved in present matters has also adjudicated
long ago in the year 1993-1994, by a Division Bench of this High Court
in CWP No.1551 of 1993, titled P.C. Sharma and another vs.
Himachal Pradesh Krishi Vishvavidyalaya. Observations made
therein, relevant in the present controversy, are as under:-
"Admittedly, Statutes 5.6 (1) and 6 (3) ...........govern the
matter under consideration. ...... ...... ...... ...... ......
...........Under Statute 5.6 (1), conditions and rules for the release of
higher scales of pay; for admissibility of special pay and other
allowances to the employees of the respondent/University shall be
the same as applicable from time to time to the employees holding
corresponding posts in the concerned department of the Himachal
Pradesh Government. Similarly, Statute 6 (3) provides the
conditions and rules for the grant of scales of pay, for admissibility
of special pay and allowances shall be the same as applicable from
time to the employees holding corresponding posts and status in
Himachal Pradesh Government and performing identical duties
when approved by the Board of Management. Clearly, therefore,
under these rules, the employees of the respondent/University are
entitled to get special pay and allowance on the same terms and
conditions as are applicable, from time to time, to the employees
holding corresponding posts in the Government. ..... .....
.......As long as the Statutes remain in force and
operative, the claim of the petitioners could not be denied. In
this view of the matter, we do not find any justification to the
objection taken by the Government in the matter.
.... .... .... ..... ....
...........The respondents are, therefore, directed by a writ
in the nature of mandamus to pay the benefit of the special
allowance to them, pursuance to the aforesaid order, within a
period of three months from today."
6. In view of the provisions of Statutes referred (supra) and also
.
for reasons assigned by learned Single Judge, in the judgment
impugned in appeals, we are of the considered opinion that there is
no illegality, irregularity or perversity in the judgment dated
22.7.2020, under challenge, passed in CWPOA No.122 of 2019,
titled Anant Ram & ors. vs. Dr. Y.S. Parmar University of
Horticulture and Forestry, Nauni & others, CWPOA No.4666 of
2019, titled Mansa Ram Sharma and others. vs. Dr. Y.S.
Parmar University of Horticulture and Forestry, Nauni &
others, as well as in order dated 30.10.2020, passed in Review
Petition No.40 of 2020, titled Mansa Ram Sharma and others
vs. Dr. Y.S. Parmar University of Horticulture & Forestry,
Nauni.
7. Learned counsel for the University, apart from assailing the
claim of the petitioners on merits, has also contended that keeping in
view the financial statutes of the University interest imposed upon the
University, for delayed payment of the arrears to the petitioners, is on
higher side and it should be in consonance with or nearer to the Bank
rate applicable. Taking into consideration the submissions made by
learned counsel for the University, rate of interest payable by the
University for delayed payment is reduced from the awarded 12 % per
annum to 6 % per annum.
8. The issue involved in all other Writ Petitions listed with two
appeals is also similar, and therefore, reasons assigned for allowing
CWPOA Nos.122 of 2019 and 4666 of 2019 as well as Review Petition
.
No.40 of 2020 and also for deciding LPAs, shall be applicable to all
Writ Petitions mutatis mutandis for all intents and purposes, and
petitioners therein shall also be entitled for the relief in aforesaid terms.
9. Accordingly, respondents are directed for release of scales of
pay, admissible special pay and other allowances etc. to its employees
as applicable from time to time from due date in consonance with
provision contained in the Statutes especially Clause 5.6 (1) thereof.
10. Petitioner(s) shall also be entitled for interest at the rate of
6 % per annum on the arrear from due date till final payment thereof.
11. In view of above, Letter Patent Appeals No.8 of 2021 and 14
of 2021, are dismissed and all Civil Writ Petitions are allowed in
aforesaid terms with modification in the rate of interest from 12 % to
6 % per annum on the arrears payable to the petitioner, from due
date.
All pending application(s), if any, also stand disposed of.
(Vivek Singh Thakur)
Judge
(Bipin Chander Negi)
Judge
15th September, 2023
(CS)
