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2022 Supreme(HP) 617
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Satyen Vaidya, J.
Suresh Kapoor Son Of Sh. H.R. Kapoor, Mohalla Kantna & Ors. - Appellant
Vs.
State Of HP Through Principal Secretary (Finance) To The Government Of HP, Shimla Respondent
Civil Writ Petition (Original Application) No. 6605 of 2019
Decided On : 18-10-2022
Advocate Appeared:
For the Appellant :Mr. Dilip Sharma, Senior Advocate, With Mr. Bharat Thakur, Advs.
For the Respondent:Mr. Desh Raj Thakur, Addl. Advocate General With Mr. Narender Thakur, Deputy Advocate General
Point of Law: Power of State to frame service Rules is circumscribed by the mandate of Articles 14 and 16 of the Constitution- State Government cannot discriminate without showing the rationale of its administrative.
Headnote:
Constitution of India,1950 - Articles 14, 16, 309, 226 - H.P. Civil Services (Revised Pay) Rules, 1998 - Regular Service - Entitled To Pay Fixation - Completing 14 years of regular service including service as Assistant Engineer – Delayed service benefit – Time barred claim – petition was preferred by petitioners in January 2016 without much undue delay before erstwhile State Administrative Tribunal and therefore cannot be sad to be barred by delay and laches. [Para 16 & 18]
Finding of the Court:
Case of petitioners is that they were affected by discriminatory administrative action of respondents whereby 9 other Assistant Engineers were allowed benefits retrospectively and also order whereby petitioners were allowed benefit of restoration of ACPs, 2/3 tier pay scale prospectively - Petitioners were also affected by consequent pay fixation order issued.
Result: Petition allowed.
ORDER :
By way of instant petition, the petitioners have prayed for following substantive reliefs:
“(i) That the impugned cutoff date of 19.07.2013 fixed for Executive Engineer for the admissibility of pay band of Rs.37,40067000+ 8600 GP on completing 14 years of regular service including service as Assistant Engineer vide Annexure A4 dated 19.07.2013, may be declared to be unconstitutional and in violation of Articles 14 and 16 of the Constitution of India.
(ii) That for the purpose of pay band of Rs.37,40067000 + 8600 GP for Executive Engineers on completing 14 years of regular service including service as Assistant Engineer, the date of admissibility may be read down and treated at par with Assistant Engineers i.e., 27.8.2009 on notional basis and 9.8.2012 on actual basis, as prescribed in letter dated 26.8.2013, Annexure A5 read with corrigendum dated 18.9.2013, A6, with all consequential benefits.
(iii) That the applicants may be held entitled to pay fixation at the initial pay of Rs.46,000/ in the pay band of Rs.37,40067000 + 8600 GP on completing 14 years of regular service including service as Assistant Engineer, with effect from 1.1.2011 on notional basis and 9.8.2012 on actual basis with all consequential benefits including arrears of salary and interest at market rate on delayed payments.”
2. Brief facts necessary for adjudication of petition are that petitioners along with 9 others were directly recruited as Assistant Engineer in October, 1996. The State Government vide notification dated 01.09.1998 amended H.P. Civil Services (Revised Pay) Rules, 1998 (for short “1998 Rules”) and thereby allowed Assistant Engineers in HPPWD and IPH department four tier pay scales i.e. higher pay scales on completion of 4, 9 and 14 years of service as Assistant Engineers. The Executive Engineers in both the aforesaid departments were also granted the benefit of two tier pay scales i.e. entry scale 1200015500 and scale of Rs.14,30018150 after completing 14 years of regular service including service as Assistant Engineer.
3. The State Government revised pay scales of its employees vide notification dated 26.08.2009 and the revision was made applicable retrospectively w.e.f. 01.01.2006. Vide notification dated 31.08.2009, the benefit of ACPs, three/two tier pay structure, applicable under the pre-revised pay scales, was put in abeyance w.e.f. 26.08.2009 till further orders on the ground that no such scheme had been formulated/notified under the revised pay structure.
4. Petitioners were promoted as Executive Engineers on different dates before completion of 14 years of service as Assistant Engineer. Rest of 9 Assistant Engineers recruited in the same process were promoted on different dates after completion of 14 years of service as Assistant Engineers.
5. Vide notification dated 19.07.2013, the State Government decided to reintroduce two tier pay structure in the case of Executive Engineers in HPPWD and IPH department which had been held in abeyance after 26.08.2009 as per letter dated 31.08.2009. Accordingly, the benefit was restored, but from prospective date i.e. 19.07.2013. As a result, petitioners became entitled to Rs.31,320/ as initial pay in the pay band of Rs.15,60039100+7600 GP. On completion of 14 years of regular service including service as Assistant Engineer, they were held entitled to pay band of Rs.37,40067000 + 8600 Grade Pay with initial pay of Rs.46000/.
6. On 26.08.2013, the State Government restored the benefit of granting four tier pay scales to the Assistant Engineers w.e.f. 27.08.2009 on notional basis and from 26.08.2013 on actual basis. Letter/corrigendum was issued on 18.09.2013 and the actual benefit to the beneficiaries of notification dated 26.08.2013 was made applicable retrospectively w.e.f. 09.08.2012.
7. Resultantly, petitioners were allowed initial pay of Rs.46,000/ w.e.f. 19.07.2013, whereas other 9 Assistant Engineers, who were recruited along with the petitioners in the same selection proce
