Ramesh Chand Vs. HRTC.
3. By way of instant petition, petitioner has prayed for
Whether the reporters of the local papers may be allowed to see the judgment?
"i. That the directions may kindly be issued to the
respondent Corporation to release the grade pay of
Rs.3,200/-.
ii. That the respondent may kindly be directed to pay the
grade pay as above along with interest @ 18% per annum to
the petitioner with effect from due date till the date of its
realization."
4. Precisely, the facts of the case, as emerge from the
pleadings, adduced on record by the petitioner, which is duly
supported by way of an affidavit is that petitioner was initially
appointed as Conductor with the respondent-department on
01.08.1980. After successfully rendering the services for almost 38
years, petitioner after attaining the age of superannuation, retired from
the post of Inspector on 28.02.2018.
5. After almost seven years, petitioner herein has filed
instant petition before this Court seeking grant of Grade Pay, as is
applicable in the State of Punjab, in terms of judgment passed by
High Court of Punjab & Haryana on 23.04.2024, in CWP No.17592 of
2015, titled as Pardeep Kumar and Others Vs. State of Punjab and
Others, wherein Grade Pay of Rs.3200/- w.e.f. 01.12.2011 had been
granted in favour of Conductors of Punjab Roadways (Annexure P-2),
relevant Paras of which, reads as under:
"2. The prayer in the present petitions is for quashing the
order dated 20.02.2014 as well as the letter dated
16.01.2014 and consequential proceedings as also for
directing the respondents to grant the pay scale of
Rs.10,300-34,800 with grade pay of Rs.3200 with an initial
pay of Rs.13,500 w.e.f. 01.12.2011.
3. Learned counsel for the petitioners submit that during
pendency of the present petitions, substantive relief has been
granted to them inasmuch as the anomaly stands removed,
however, for the period from the year 2011 to 2021, the
discrepancy/anomaly in the basic pay still remains which
needs to be addressed by the respondents, with regard to
which, the submission made is that as per the schedule
appended with the Punjab Civil Services (Revised Scale of
Pay) Rules, 1969, the post of Conductor and Clerk were
equated in the matter of grant of pay scale/emoluments. The
position remained so till the issuance of notification dated
15.12.2011, implemented w.e.f. 01.12.2011, vide which
Clerks were granted the revised scale of Rs.10,300-34,800/-
with grade of Rs.3200 plus initial pay of Rs. 13,500/-,
whereas similar benefit has been denied to the petitioners
while working on the post of Conductors, thereby breaking
the pay parity without any cogent reasons whatsoever.
Learned counsel, on instructions from the petitioners, pray
that a fresh representation would be submitted by relying on
the judgments supporting their claim, which may be directed
to be decided in a time bound manner.
4. Learned State counsel has no objection to the limited
prayer made.
5. In view of the above and without commenting on the
merits of the case, the petitions are hereby disposed of with a
direction to the respondents that in case the petitioners
submit representations within a period of 4 weeks, the same
shall be considered and decided, within a further period of 6
months, which this Court has no reason to believe the
authorities would not address in a just, fair and reasonable
manner. Upon doing so, after notice and hearing offered to
them and if found entitled, grant the benefit forthwith.
Needless to say, if the orders are adverse to their interest, the
same shall contain reasons and the petitioners shall be free
to seek legal redress thereupon."
6. A perusal of aforesaid judgment clearly reveals that claim
was made by the Conductors in the State of Punjab for the Grade Pay
of Rs.3200/-, at par with Clerks, on the ground that under the Punjab
Civil Services (Revised Scale of Pay) Rules, 1969, both posts were
equated in the matter of grant of pay scale/emoluments. The said
claim of grade pay was not adjudicated on merits by the Court,
however, the petitioners (therein) were permitted to submit
representations, which were to be decided by the authorities. This
Court finds that petitioners' reliance upon the above decision for grant
of Grade Pay of Rs.3200/- w.e.f. 01.12.2011 is wholly misplaced.
Further, pay scales of the State of Punjab, if any, are not applicable in
the State of Himachal Pradesh.
7. Mr. Deepak Sharma, Advocate, while putting in
appearance on behalf of respondent-Corporation, has placed on
record instructions dated 28.05.2025 to the effect that "Himachal
Road Transport Corporation" (HRTC) is a State owned corporation
and came into existence on 02.10.1974 as per the provisions under
Section 3 of the Road Transport Act, 1950. As per the afore Act, the
general superintendence, direction and management of the affairs
and business of a Corporation shall vest in a Board of Directors,
which, with the assistance of its committees and Managing Director,
may exercise all such powers and do all such acts and things as may
be exercised or done by the Corporation, as such, the Board of
Directors of the Corporation has been empowered under the Act to
take all decisions for the management of the affairs of the Corporation
which includes the wages. It is further stated that the Pay Scales in
the Corporation are implemented in respect of the employees of the
Corporation only after the adoption and approval by the Board of
Directors of the Corporation. It is also submitted by Mr. Deepak
Sharma here that Grade Pay of Rs.3200/- on Punjab Pattern has
never been adopted and approved by the BOD of the respondent
Corporation".
8. In view of above, this Court is persuaded to agree with
Mr. Deepak Sharma, learned counsel representing the respondent-
Corporation that relief, as has been claimed in the instant petition, has
been sought without there being any cogent and convincing material.
Perusal of pleadings placed on record nowhere suggests that on what
basis the petitioners are claiming the benefit of Grade Pay of
Rs.3200/-, for the post of Conductor at par with the State of Punjab.
The only document placed on record in support of plea taken by the
petitioner that they are entitled to Grade Pay of Rs.3200/- is a
judgment passed by High Court of Punjab & Haryana, which is also
not applicable to the facts and circumstances of the present case, for
the reason that in afore judgment, High Court of Punjab & Haryana
disposed of the writ petition, with the direction to respondents to grant
an opportunity to the petitioners to submit their representations,
meaning thereby, High Court of Punjab and Haryana remained silent
with regard to grant of Grade Pay of Rs.3200/-, as has been raised in
the instant petitions and adjudicated the matter, without going into the
merits of the case. The delay and laches in claiming the reliefs has
also not been explained.
9. Consequently, in view of the above, this Court finds no
merit in the present petition and accordingly, the same are dismissed,
along with pending miscellaneous application(s), if any.
p`
(Sandeep Sharma),
Judge
May 28, 2025
(Rajeev Raturi)
