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.

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:-

“(a) That an appropriate writ be issued, directing the respondents to release revised pay scale to the Petitioners with the basic pay grade Rs.5480-8925/- along with all other consequential benefits.

(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 (Revised Pay) Rules, the petitioners entitled to the pay scale of Rs.1640-2925/-, but the case of the petitioners is that though the Revised-Higher Pay Scale of Rs.1640-2925/- has been given to the similarly placed incumbents, in terms of the judgment passed in CWP(T) No.5759 of 2008, titled as Subhash Chand and another Versus State of Himachal Pradesh and others, decided on 05.07.2010, then, the petitioners being similarly placed, are also entitled to the same benefits.

6. Mr. Sarthak Mehta, learned counsel for the petitioners places reliance on the judgment passed by this Court in CWP No.3341 of 2019, titled as Madan Lal Versus State of Himachal Pradesh and another, decided on 04.09.2021, Annexure P-4, wherein, as per Mr. Sarthak Mehta, learned counsel, the benefit of revised pay scale of Rs.1640-2935/- has been given to Language Teachers and Shastri Teachers, i.e. to the similarly incumbents from the date the aforesaid scale was revised by the State Government. Reference is made to Paras-6 to 12 of the judgment in the case of Madan Lal Sharma, which reads as under:-

“6. Having heard learned counsel representing the parties and perused material available on record, this Court finds that there is no dispute interse parties that prior to taking over of the school by Government of Himachal Pradesh in the year 1990, petitioner was serving as Shastri teacher in Indira Gandhi Memorial Middle School Amlehar, Tehsil Nadaun, District Hamirpur. It is also not in dispute that since services of the petitioner were not taken over, he was compelled to approach this Court by way of CWP (T) No.5 of 2012 and this Court vide judgment dated 12th October, 2012, issued direction to the respondents to appoint petitioner as Shastri w.e.f. 27.8.1990, the date when Indira Gandhi Memorial Middle School, Amlehar, District Hamirpur, Himachal Pradesh was taken over with all consequential benefits.

7. It is also not in dispute that aforesaid judgment was not laid challenge, rather respondent complying with the aforesaid directions contained in the aforesaid judgment taken over the services of the petitioner as Shastri teacher on regular basis in the pay scale of Rs. of Rs.1500-2700 w.e.f. 27.8.90, Rs.5000-8100 w.e.f.01.01.96 and Rs.10300- 34800+3200 Grade Pay w.e.f. 01.01.2006 w.e.f.27.08.1990, as is evident from office order, dated 21.9.2015 (Annexure P-2). Since services of the petitioner vide order, dated 21.9.2015 (Annexure P-2) were ordered to be taken over on regular basis w.e.f. 27.8.1990 i.e. the date when Indira Gandhi Memorial Middle School Amlehar, District Hamirpur was taken over, he claimed pay scale of Rs. 1640- 2925, which at that time was being paid to the regularly appointed Shastries in the Department of education. However, such plea of him was rejected on the ground th