2024 Supreme(HP) 199

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JYOTSNA REWAL DUA, J.
Ramesh Kumar and Others – Petitioners
Versus
State of H.P. and Others – Respondents
C.W.P.O.A. No. 4955 of 2019
Decided On : 16-03-2024

IMPORTANT POINT
The judgment in favor of Sh. Surender Lal was held to be in rem and not in personam, and the issue of entitlement of Technical Assistant to the revised pay scale of Rs. 2000-3500 w.e.f. 01.01.1986 has now attained finality. Equals have to be granted the same pay scale.

Headnote:

Pay Scale - Technical Assistants - - Rs. 1640-2925, Rs. 1800-3200, Rs. 2000-3500 - The court held that the category of Technical Assistants was entitled to the higher pay scales at par with the pay scales enjoyed by the other categories that were treated equivalent to the category of Technical Assistants. The judgment in favor of Sh. Surender Lal was held to be in rem and not in personam, and the issue of entitlement of Technical Assistant to the revised pay scale of Rs. 2000-3500 w.e.f. 01.01.1986 has now attained finality. The petitioners are entitled to the pay scale given to their colleague Sh. Surender Lal. The respondents have misdirected themselves in rejecting petitioners’ representation. Consequently, the petition is allowed, and the impugned decision of the Finance Department dated 15.11.2011 is quashed and set aside. Petitioners are held entitled to the revised pay scale of Rs. 2000-3500 w.e.f. 01.01.1986. They are also held entitled to interest at the rate of 5% per annum on the arrears from the date till actual payment.

Fact of the Case:

The petitioners, Technical Assistants/Statistical Assistants in the respondent-Horticulture Department, sought the applicability of a decision rendered by the Himachal Pradesh Administrative Tribunal in favor of Sh. Surender Lal, who was seeking enhancement of his pay scale to Rs. 2000-3500 w.e.f. 01.01.1986. The respondents had implemented the decision only in the case of Sh. Surender Lal, leading the petitioners to seek parity in pay scale.

Finding of the Court:

The court found that the category of Technical Assistants was entitled to the higher pay scales at par with the pay scales enjoyed by the other categories that were treated equivalent to the category of Technical Assistants. The judgment in favor of Sh. Surender Lal was held to be in rem and not in personam, and the issue of entitlement of Technical Assistant to the revised pay scale of Rs. 2000-3500 w.e.f. 01.01.1986 has now attained finality. The petitioners are entitled to the pay scale given to their colleague Sh. Surender Lal. The respondents have misdirected themselves in rejecting petitioners’ representation.

Issues: The main issue was whether the category of Technical Assistants was entitled to the revised pay scale of Rs. 2000-3500 w.e.f. 01.01.1986 at par with the other categories or not.

Ratio Decidendi: The judgment in favor of Sh. Surender Lal was held to be in rem and not in personam, and the issue of entitlement of Technical Assistant to the revised pay scale of Rs. 2000-3500 w.e.f. 01.01.1986 has now attained finality. Equals have to be granted the same pay scale. The respondents have misdirected themselves in rejecting petitioners’ representation.

Final Decision: The petition is allowed, and the impugned decision of the Finance Department dated 15.11.2011 is quashed and set aside. Petitioners are held entitled to the revised pay scale of Rs. 2000-3500 w.e.f. 01.01.1986. They are also held entitled to interest at the rate of 5% per annum on the arrears from the date till actual payment.