Point of Law: While Implementing scheme, difference in pay scales on account of grant of financial upgradation under old ACP Scheme (15.12.1998) under this scheme within same cadre shall not be construed as an anomaly.

JUDGMENT :

(Jyotsna Rewal Dua, J.)

1. The petitioner is with the grievance that his pay needs to be stepped up at par with that of his Junior Sh. Jagdev Singh Thakur. The respondents have opposed this plea.

2. Simple case projected by the petitioner is that:-

2(i) Petitioner was appointed as Clerk on 15.06.1983 in the respondent-Education Department. He was promoted as Senior Assistant in the year 1998. He was further promoted as Superintendent Grade-II in December, 2004.

2(ii) One Jagdev Singh Thakur was junior to the petitioner. Jagdev Singh Thakur was appointed as Clerk on 13.03.1985 in the respondent- Education Department. He was promoted as Superintendent Grade-II in the year 2007.

2(iii) State of Himachal Pradesh revised the pay scales of its employees w.e.f. 01.01.2006. Pay of the petitioner as on 20.07.2007 was fixed at Rs.19430/-, whereas pay of Jagdev Singh Thakur, on the same day i.e. 20.07.2007 was fixed at Rs.19,830/-. The pay of the petitioner became less by Rs.400/- as compared to that of his junior Jagdev Singh Thakur. This difference in their pay scale crept in the year 2007 multiplied with the passage of time causing financial losses and harassment to the petitioner.

2(iv) With the above submissions, the petitioner has prayed for grant of following substantive reliefs:-

“(i) That the respondents may very kindly be directed to grant the same and similar pay of Rs. 19,830/- to the applicant w.e.f. 20.07.2007 as was being granted to the junior person namely Shri Jagdev Chand Superintendent Grade-II (now retired) on the principle of 'equal pay for equal work', since the applicant is much senior to Shri Jagdev Chand from the initial dates of their appointment as Clerk upto the post of Superintendent Grade-II, but the respondents have placed the applicant in the pay of Rs. 19,430/-per month after the revision of pay scale w.e.f. 01.01.2006, whereas the juniors to the applicant Shri Jagdev Chand was getting Rs. 19,830/- per month which is Rs. 400/- in excess as compared to the pay of the applicant.

(i) That the respondents may kindly be directed to release the arrears of difference of pay of the applicant and junior person Shri Jagdev Singh Thakur in favour of the applicant from the due date i.e. 20.07.2007 alongwith interest @ 12% per annum”.

3. I have heard learned senior counsel for the petitioner and learned Additional Advocate General for the respondents.

Pursuant to the order passed in this matter on 03.04.2023, the respondents have placed on record following comparative statement pertaining to the dates of appointments, dates of promotions, pay scales in different posts, dates of retirements, other relevant particulars of the petitioner and Jagdev Singh Thakur (not a party to the petition).