Homogeneous cadre of Assistant Librarians entitled to uniform pay scales including UGC benefits despite post-new rules regularization, as appointments predated prospective 2010 rules; parity prevents discrimination under equal pay principle.

JUDGMENT :
Ranjan Sharma, Judge

1.Petitioner-Daljeet Singh Verma, and three others being Assistant Librarian have come up before this Court, seeking the following reliefs:-

“7(a). That respondents may kindly be directed to grant the scale of 10300-34800 with 3600 grade pay to the applicant, which is being paid by the state to their counterpart holding same post and designation in same department, with interest @ 9% on the arrears accrued on difference in salary.

(b). That respondents may further be directed to pay the revised scale took place subsequently on the analogy of V.D. Sarswati with interest @ 9% on the arrears accrued on difference in salary.

(c). That respondents may further be directed to pay the revision of pay scale from the initial day of appointment of the applicant with further prayer to revise the scale of applicant likely to be took place sub sequentially with all consequential benefits.

(d). That respondents may further be directed to grant the benefit of Military service render by them in re-fixation.”

FACTUAL MATRIX:-

2. Case set by, Learned Counsel is that the petitioners, being Ex-servicemen, were re-employed as Assistant Librarians, purely on contract basis, upon due selection, in February, 2009, Annexure A-1, by Director of Higher Education. Petitioners figured at serial Nos. 4, 5, 6 and 7 of this order. Petitioners continued in service as contractual employees and they were regularized as Assistant Librarians in the years 2015 and 2016 in the pay scale of Rs.5910-20200+2400 Grade Pay, except petitioner No.2 who was not regularized as he stood retired from service in the year 2013, as a contractual employee. It is averred that in terms of the judgments of this Court in CWP(T) No.6018 of 2008, titled Madan Lal Tomar versus State of Himachal Pradesh & another and LPA No.146 of 2009 titled as State of Himachal Pradesh and another versus V.D. Saraswati and others, the UGC pay scale of Rs.15600-39100+6000 Grade Pay, was extended to Assistant Librarians to the petitioners in the case of V.D. Saraswati and other similar persons.

It is in this background, that the case of the petitioners is that once Assistant Librarians have been granted UGC Scale of Rs.15600-39100+6000 Grade Pay, then, the petitioners being similarly placed Assistant Librarians, upon regularization in the years 2015 and 2016 are entitled for similar UGC pay scale, in terms of the judgment(s), in the cases of Madan Lal Tomar and V.D. Saraswati, as referred to above.

STAND OF RESPONDENTS-STATE IN REPLY- AFFIDAVIT:

3. Upon issuance of notice, the Respondents have filed a Reply-Affidavit dated 02.12.2022. In Para 3 of Reply-Affidavit, it is averred that the Government repealed the Recruitment and Promotion Rules dated 24.12.1973 for the posts of Assistant Librarian and New Rules were notified in July, 2010, i.e. Himachal Pradesh Higher Education Department, Assistant Librarian [Class-III, Non-Gazetted] Rules. Reply-Affidavit stated that the petitioners were regularized in the years 2015 & 2016 and therefore, they were to be governed by Rules of 2010 and not by the Rules of 1973 and the UGC pay scales. Reply-Affidavit, stated that benefit of the judgments, in the cases of Madan Lal Tomar [CWP(T) No. 6018 of 2008] and V.D. Saraswati and others [LPA No. 146 of 2009] were given to Assistant Librarians, as a personal measure, who were appointed under the Rules of 1973, on regular basis and since the petitioners, were regularized in