The principle of 'Equal Pay for Equal Work' was applied, emphasizing that employees holding the same rank performing similar functions and discharging similar duties and responsibilities should be treated equally in matters relating to the scale of pay.

ORDER :

1. This petition was initially filed as an original application before erstwhile learned Himachal Pradesh Administrative Tribunal and after the abolition of the learned Tribunal, the same has been transferred to this Court.

2. Brief facts necessary for the adjudication of this petition are as under:-

The case of the petitioners is that respondent-State vide recruitment notice dated 22.06.2012, invited applications from eligible desirous candidates for recruitment against the posts of constables (800 males) in the Himachal Pradesh Police Department in the pay scales of Rs. 5910-20200+Grade Pay Rs. 1900. A copy of the recruitment notice is appended with the petition as Annexure A-1. The pay structure of the constables sought to be so appointed was to be governed by Himachal Pradesh Civil Services (category/Post wise Revised pay) Rules, 2012 ( hereinafter to be referred as the ‘2012 Rules’ for short), copy of which is appended with the petition as Annexure A-2. Finance Department of the Government of Himachal Pradesh vide notification dated 28.09.2012 added certain provisions in the Schedule governing the pay structure of the employees of the Home Department in terms of Rule 9 of the 2012 Rules. The addition in the Schedule made with respect to the Constables in the Police Department was that revised pay structure of Rs.10300-34800+Rs.3200 Grade Pay was introduced post completion of two years of regular service w.e.f. 01.10.2012. A copy of said notification is appended with the petition as Annexure P-3.

3. It is further the case of the petitioners that in the year 2014, the Finance (Pay Revision) Department submitted a draft Cabinet Memorandum for approval before the Council of Ministers regarding grant of revised pay structure on completion of eight years to the new 800 constables, which were yet to be advertised. This was sought to be done by amending the 2012 Rules. The intent behind the said proposal was to prospectively lessen the so called recurring financial burden upon the State Government.

4. In the year 2015, the Finance (Pay Revision) Department issued impugned notification dated 14.01.2015, vide which, 2012 Rules were amended contrary to the opinion of the Home Department and the revised pay structure of Rs.10300- 34800+Rs.3200 Grade Pay was now made available to Constables after completion of eight years of regular service. The amendment was made applicable w.e.f. 01.10.2013.

5. Thereafter, a fresh recruitment notice dated 15.03.2015 was issued for recruitment of 776 posts of Constables in the police department in the pay scale of Rs. 5910-20200+Rs.1900 (Grade Pay). It was mentioned in this recruitment notice (Annexure P-7) that said pay scales would be drawn by the future recruits after completion of eight years regular service from the date of initial appointment in terms of notification dated 14.01.2015.

6. The petitioners being eligible participated in the selection process so undertaken by the Department pursuant to notice dated 15.03.2015 and they were offered appointment to the said post in the month of September, 2015 as such. The petitioners were offered the job on an initial pay scale of Rs.7810, which was to be revised to Rs.10300-34800+3200 (Grade Pay) after completion of long span of eight years as Constables.

7. According to the petitioners, they had no alternative but to accept such offer from the department. They joined as such under the 2nd India Reserve Battalion, Sakoh, District Kangra, H.P. and 3rd India Reserve Battalion Pandoh, District Mandi, H.P.

8. It is further the case of the petitioners that the Constables, who were appointed before 01.01.2015 in terms of earlier advertisement, filed an Original Application No. 2076 of 2016, titled as Ct. Prashant Kumar and Others vs. State of H.P. in May, 2016, assailing the date of applicability of impugned notification dated 14.01.2015. Certain departmental correspondence was also assailed before the Tribunal and prayer was made for grant of revi