RANJAN SHARMA
Dhanbir Singh – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Ravi Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.
2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the order intended to be passed herein.
3. The petitioners have filed the instant petition with the following reliefs:-
(b) That further the respondents be also directed to evaluate the Pension of the Petitioners who are now retired (Petitioner No.5-7) as in accordance with the revised pay scale.”
4. The petitioners are working as Language Teachers and Shastri Teachers in the Classical/Vernacular Cadre of the Elementary Education Department of the State Government in between the period from 1992 to 2002 as detailed in Para-3 of the writ petition.
5. The grievance of the petitioners is that they were initially given pay scale of Rs.1500-2700/-, whereas, in accordance with the then existing Himachal Pradesh Civil Services (Revise
Entitlement to pay scale under the Himachal Pradesh Civil Services (Revised Pay) Rules and the application of previous judgments in determining entitlement to the revised pay scale.
The court affirmed that teachers should receive pay scales based on qualifications acquired during service, rejecting restrictive interpretations of government resolutions.
Administrative instructions could not supersede the statutory Rules.
State's selective deviation from followed pay pattern without objective justification, failing to reflect grade pay enhancement in basic pay and initial start, creates anomaly violating Articles 14 a....
The main legal point established in the judgment is the protection of vested rights and legitimate expectations of employees in relation to their approved pay scale, and the wrongful and arbitrary na....
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