O R D E R

The petitioners filed O.A. No. 5298 of 2016 before the Himachal Pradesh State Administrative Tribunal praying for following reliefs:-

“(i) That the respondents be directed to the pay scale of Rs.15,600-39100+5400GP to the applicant on their promotion to the post of foreman instructors at par with the Punjab Government Employee immediately.

(ii) That the respondent be further directed not make further promotion to the post of Workshop Superintendent without considering the case of the applicants, since all the applicants fulfills all the requisite qualification as per the R&P Rules of Punjab.

(iii) That the directions may kindly be issued to the respondents to pay the entire arrears to the applicant from the due date along with interest.”

2. O.A. No. 5298 of 2016 came to be transferred to this Court after abolition of H.P. State Administrative Tribunal and has been registered as CWPOA No. 6543 of

2019.

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3. Petitioners were initially appointed as Workshop Instructors on regular basis in the pay scale of 1350-2400. Pay scale of petitioners as Workshop Instructors was revised from time to time and was fixed in the pay band of Rs.10300-34800 with 3600 as grade pay w.e.f. 1.1.2006.

4. Respondents created posts of Foreman Instructors and framed recruitment and promotion rules for such post vide notification dated 13.10.2011. Post of Foreman Instructor was to be filled 100% by promotion from the feeder category of Workshop Instructors who had five years regular service or regular combined with continuous ad-hoc service, in the cadre. The post of Foreman Instructor was placed in the pay band of Rs.10300-34800 with 4200 grade pay.

5. Petitioners No.1 to 5 were promoted as Foreman Instructors in 2011 and 2012. After their promotion to the posts of Foreman Instructors, petitioners represented to respondents for grant of pay scale of …6…

Rs.15,600-39100+5400 G.P. as was being paid to their counter parts in State of Punjab. Respondent No.3 recommended the case of petitioners, but vide notification dated 16.07.2016, Annexure A-8, petitioners were allowed pay scale of 10300-34800 with 4600 Grade Pay w.e.f. 01.08.2016.

6. Aggrieved against the denial of pay scale of 15600-39100+5400 Grade Pay, petitioners approached the Himachal Pradesh State Administrative Tribunal by way of O.A. No.5298 of 2016 inter alia praying for reliefs as noticed above.

7. Petitioners contended that State of Himachal Pradesh has adopted Punjab pay pattern for all categories of employees. The category of Foreman Instructors in Punjab was paid Rs.15600-39100+5400 Grade Pay since 2009. Petitioners were also entitled to the same scale on the ground of parity. It was also contended on behalf of petitioners that respondents had allowed pay scale of …7…

10300-34800+4600 G.P. even to the Workshop Instructors w.e.f. 01.12.2012.

8. In response, respondents submitted that the staff structure in the workshop in Polytechnics of the State since 1973 to 2011 included posts of Workshop Instructor in respective fields in each workshop for imparting training to the diploma students in the workshop and the overall Incharge of the workshop was Workshop Superintendent, who also taught theory subjects in addition to overall supervision. Post of Workshop Instructor was Class-III Non-gazetted in the pay scale of 10300-34800 with 3600 Grade Pay and the post of Workshop Superintendent was Class-I Gazetted post in the pay scale of 15600-39100+5400 Grade Pay. Whereas the qualification for the post of Workshop Instructor was possession of ITI certificate in the concerned trade from a recognized Board/Institution with two years’ post certificate industrial experience or three years diploma in respective branch or its equivalent for Workshop …8…

Instructor from a recognized Polytechnic Institute/ Institution, the qualification for the post of Workshop Superintendent was possession of Bachelor or Masters Degree in Mechanical/Auto Engineering with first class or equivalent.

9. As per respondents, the Sta