The determination of pay structures and equation of posts falls within the exclusive domain of the executive; courts will not interfere in such matters or compel the adoption of pay scales of other States unless there is proof of grave error or arbitrariness.

Jiya Lal Bhardwaj, Judge (Oral)

By way of present petition, the petitioners have prayed for grant of the following substantive reliefs:-

“i) That the action of the respondents to fix the initial pay of the petitioners as Rs.14520/- instead of Rs.16290/- in the pay band of Rs.10300-34800/- + Grade pay of Rs.4200/- may kindly be held illegal, unjust, arbitrary and bad in law.

ii) That the respondents may kindly be directed to fix the initial pay of the petitioners as Rs.16290/- in the pay band of Rs.10300-34800/- + grade pay of Rs.4200/- with initial pay of Rs.16290/- instead of Rs.14520/- with all consequential benefits w.e.f. 01-10-2011.”

2. The facts which emerge from pleadings are that the petitioners were initially appointed as Vidya Upasaks against the vacant posts of JBT in the year 2000 and thereafter their services were regularized as JBT in the month of October, 2007. The State of Punjab vide Notification dated 27.05.2009 notified the Punjab Civil Services (Revised Pay) Rules, 2009 and the respondent-State after following the same issued a Notification dated 26.08.2009, whereby the Himachal Pradesh Civil Services (Revised Pay) Rules, 2009 were notified and as per the schedule, the pay was revised.

3. The categories of the petitioners were getting the pay scale of Rs.4550-7220/-, which was revised to Rs.5910-20200 + grade pay of Rs.3000/- with initial pay fixed at Rs.11470/-. Thereafter, the Government of Punjab had issued a letter dated 05.10.2011, whereby the pre-revised scale of pay w.e.f. 01.01.2006 was again revised w.e.f. 01.10.2011 and as per this communication, revised pay scale of Rs.5910-20200+3000/- + grade pay of JBTs/ETTs/ Head Teachers, was revised to Rs. 10300-34800 + grade pay of Rs.4200/- with initial pay of Rs.16290/-. After issuance of the aforesaid letter, the respondent-State issued Notification on 24.09.2012 (Annexure P-4) and the category of the petitioners, i.e., JBT was granted the revised pay of Rs.10300-34800 + grade pay of Rs.4200/- with initial start of Rs.11470/- already existed. However, this pay band and grade pay was to be given after two years of regular service taking the date as 01.10.2012.

4. The grievance of the petitioners, who are serving as JBTs, is that once the State Government of Punjab had revised the pay scale of the category of the petitioners to pay band of Rs.10300-34800 + grade pay of Rs.4200/- with initial pay of Rs.16290/-, the same should have also been granted to the petitioners. However, the respondent-State instead of granting initial pay of Rs.16290/- granted the petitioners initial start of Rs.14500/-, which is illegal, ultra vires, arbitrary, unreasonable, unconstitutional, unjust and not sustainable in the eyes of law.

5. It has further been averred that the respondent State is following Punjab pattern in revision of pay and the same is based on the recommendation of the expert body, i.e., Pay Commission and since the respondent-State has not its own expert body, i.e., Pay Commission, it was bound to follow the implementation of letter dated 05.10.2011 giving re-revised pay of Rs.10300-34800+4200 grade pay with initial pay of Rs.16290/- w.e.f. 01.10.2012, as given in the corresponding category of JBTs in the State of Punjab, to the petitioners. The respondent-State had not re-revised the pay scale of the petitioners, but issued a Notification dated 24.09.2012 framing the H.P. Civil Services (Category/Post-wise revised pay) Rules, 2012 alongwith one Schedule (Annexure P-4). The respondents-State issued a new Notification dated 27.09.2012 (Annexure P-5) granting the petitioners the initial pay of Rs.11470/-, which is in violation of the principles of natural