Point of Law: Arbitrariness is an anti-thesis of doctrine of equality envisaged under Article 14 of Constitution of India.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Petitioners have approached this Court against rejection of their request to grant pay scale of Rs. 2000-3500/- w.e.f. 1.1.1986 instead of 1994, assailing decision dated 19.2.2011 of Service Committee of H.P. Tourism Development Corporation and seeking directions to respondents to grant the petitioners re-revised pay, scale of Rs. 2000-3500/- w.e.f. 1.1.1986 instead of 1994 with all consequential benefits including arrears of salary and interest on delayed payments.

2. Petitioners, serving in respondent No. 1 H.P. Tourism Development Corporation Limited (respondent Corporation), were promoted as Traffic Supervisors [subsequently re-designated as Manager (Transport)] on 30.9.1983 in the pay scale of Rs. 700-1200/-. Feeder category to the post of Traffic Supervisors was Traffic Assistant [subsequently re-designated as Assistant Manager (Transport)] with pay scale of Rs. 570-1080 prior to 1.1.1986.

3. Prior to 1.1.1986 pay scale of posts Deputy TDO (subsequently designated as Assistant Manager), Accountant [subsequently designated as Senior Assistant (Account)], Assistant (subsequently designated as Senior Assistant) was also 570-1080/- i.e. equal to that of Traffic Assistants.

4. Pay scales of all aforesaid posts, including Traffic Assistant and Traffic Supervisors, were revised w.e.f. 1.1.1986. Deputy TDO, Accountant, Assistant and Senior Assistant, on revision of pay scale from 1.1.1986, were granted pay scale at the rate of Rs. 1500-2640/- whereas Traffic Supervisor was granted pay scale of Rs. 1640-2925/-.

5. Later on, pay scale of Deputy TDO, Accountant, Assistant and Senior Assistant were re-revised to Rs. 1800-3200/- w.e.f. 1.1.1986.

6. Pay scales of Traffic Assistant and Traffic Supervisor were also re-revised from Rs. 1500-2640/- to 1800-3200/- and Rs. 1640-2925 to 2000-3500/- but w.e.f. 1.1.1994 instead of 1.1.1986 and this re-revision was communicated by Commissioner-cum-Secretary (Tourism) to the Government of HP to the Managing Director of respondent Corporation vide communication dated 19th July, 1994 (Annexure P-1).

7. As revision of pay scale of Traffic Supervisor created an anomaly because the posts having pay scale of Rs. 570-2080/- on 1.1.1986 were assigned pay scale of Rs. 1800-3200/- w.e.f. 1.1.1986 but Traffic Assistants, working on equal pay scale like Deputy TDO, Accountant and Assistant i.e. Rs. 570-1080/- were discriminated because Deputy TDO, Accountant and Assistant were granted re-revised pay scale of Rs. 1800-3200/- from 1.1.1986 whereas Traffic Assistant were granted re-revised pay scale of Rs. 1800-3200/- w.e.f. 1.1.1994 instead of 1.1.1986. Traffic Supervisors having higher pay scale of Rs. 700-1200/- on 1.1.1986 than to these posts were granted pay scale of Rs. 1640-2925/- from 1.1.1986 to 1.1.1994 and thereafter, they were granted re-revised higher pay scale Rs. 2000-3500/-.

8. Petitioners' representation, for rectifying the aforesaid anomaly and to grant them re-revised pay scale w.e.f. 1.1.1986, was rejected by respondents and communicated vide communication dated 22nd May, 1995 (Annexure P-2) assigning the reason that Government had expressed inability to grant re-revised pay scale retrospectively from 1.1.1986.

9. Petitioner No. 1 represented against the decision communicated vide communication dated 22.5.1995 by submitting a representation dated 31.8.1995. In furtherance thereto, on 27.9.1995, Managing Director of respondent Corporation requested the respondent/State through Finance Commissioner-cum-Secretary (Tourism) to the Government of HP to reconsider the matter and to grant re-revised pay scale to various categories of posts from 1.1.1986 instead of 1.1.1994.

10. On 3.12.1996, respondent Corporation submitted a memorandum for removing anomalies in pay scales of employees of the Corporation for consideration and approval, which is placed before the Servic