Point of Law: Administrative instructions could not supersede the statutory Rules.

ORDER :

1. Facts necessary for adjudication of the instant petition are as under:

(i) Petitioner though selected as Shastri by the respondents, was appointed as JBT on ad-hoc basis w.e.f. 28.04.2014. His services were converted on tenure basis in 1985.

(ii) Petitioner was appointed as Shastri on tenure basis in October, 1989 in the pay-scale of 1600-2925/-. The services of the petitioner as Shastri were regularized w.e.f. 01.01.1994 in the reduced pay-scale of Rs. 1500-2700/-.

(iii) Petitioner by way of TA No. 5772 of 2015 claimed the pre-revised scale of Rs. 1640-2925/- (revised to 5480-8925/- w.e.f. 01.01.1996) and further claimed ACP in the scale of Rs. 5800-9200/- after completion of eight years’ service. TA No. 5772/2015 was disposed of by H.P. State Administrative Tribunal with directions to respondents to decide the representation of the petitioner.

(iv) Petitioner made a detailed representation to the respondents, but the same was rejected vide office order dated 20.08.2016 (Annexure A-1) on the ground that the pay-scale of 1640-2925/- (pre-revised) was applicable and admissible to only those C&V teachers who were appointed before 23rd March, 1989. Thus, the grant of pay-scale of 1500-2700/- (pre-revised) to the petitioner was justified on the basis of Notification dated 23.03.1989 issued under the H.P. Civil Services Revised Pay Scale Rules, 1990.

2. Petitioner has thus filed the instant petition praying for the following substantive reliefs:

“(i) That the impugned order dated 20thAugust, 2016 Annexure A-1 may kindly be quashed and set aside, because the order dated 20th August, 2016 has been passed by the Respondent No. 3 in violation of the judgment delivered by the Hon'ble Court of Himachal Pradesh in CWP (T) No. 5759/2008 titled as Subhash Chand and Another vs. State of H.P. and Others as well as in CWP No. 3462/2009 titled as Gopal Sharma vs. State of H.P.

(ii) That the respondents may kindly be directed to consider the ad-hoc and tenure service period of the applicant for the purpose of increments, seniority, qualifying service, pensionary benefits and all other financial benefits under the law.”

3. I have heard learned counsel for the petitioner and learned Deputy Advocate General for the respondents and have also gone through the record carefully.

4. It is not in dispute that petitioner was appointed as JBT on 28.04.1984. His services as JBT were converted on tenure basis w.e.f. 1985 and thereafter the petitioner worked as such till October, 1989 when he was appointed as Shastri on tenure basis in the pay-scale of 1640-2925/- The date of regularization of the petitioner as Shastri w.e.f. 01.01.1994 is also not in dispute.

5. The erstwhile H.P. State Administrative Tribunal vide order dated 24.02.2016 disposed of the T.A. No. 5772 of 2015 by issuing following directions:

“In view of above, the transferred application is disposed of in terms of the aforementioned judgment in CWP (T) No. 5759/2015, with a direction to the respondents that subject to the above verification and on finding the applicant to be similarly situate as above, benefit of said judgment, if the same has attained finality and implemented, shall also be extended to him along with consequential benefits if any, as per law, without any discrimination, with in three months from the date of production of certified copy of this order by the applicant.”

6. The question now for determination before this court is whether the impugned order dated 20.08.2016 (Annexure A-1) is in consonance with the judgment dated 05.07.2010 passed by this Court in CWP (T) No. 5759 of 2008 titled as Subhash Chand and Another vs. State of H.P and Others?

7. Perusal of judgment dated 05.07.2010 passed by this Court in CWP (T) No. 5759 of 2008 reveals that petitioners therein were appointed Language Teachers in 1988 in the pay-scale of Rs. 480-620/- and were subsequently placed in the pay-scale of Rs. 1640-2925/-. After revision of pay-scales petitioners in CWP (T) No. 5759 of 2008 were