Krishan Kumar vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

(i) That the respondents may be directed to grant to the applicant to pay scale of Rs. 950-1800 from 1.1.94 and of Rs. 3120-5160 w.e.f. 1.1.96 as has been granted to employees holding the same rank, perform similar functions and discharge similar duties and responsibilities.

(ii) That the respondents may be further directed to release the arrears of pay resulting from the grant of the above pay scales alongwith interest at the rate of 15% per annum from the date/s falling due till the actual date of payment thereof.

In the reply at para 1, it is stated as follows:

That the applicant was appointed as Carpenter Gr-IV in the pay scale of Rs. 810-1470 vide office order No. SEV-WCE/16(i)/94-11144-47 Dated 18.1.95. The posts were sanctioned vide Commissioner-cum-Secretary(PW) to the Govt. of H.P. vide his letter No. PBW-A-B-1/94 Dated 26.10.94 wherein the sanction of Governor of Himachal Pradesh for the creation of 5684 posts of Work Charged Posts of different categories as per details of Annexure-A has been conveyed and the copy of which is attached as Annexure R-I. 28 Nos. of Carpenter Gr-IV were created vide above letter. Accordingly the applicant was appointed in the Pay Scale of Rs. 810-1470 and he joined his duty on 18.1.95 A.N.

That as per revision of Pay Scales w.e.f. 1.1.96 conveyed vide letter No. FIN(PR)-B(4)1/98 Dated 17.1.998 from Deputy Secretary (Finance) to the Govt. Of H.P. Shimla (Copy annexed as Annexure R-II) the pay of the applicant was fixed in the pay scale of Rs. 2720-4260 as per Executive Engineer, Baijnath Division, HPPWD, Baijnath office order No. PWD-BN-EA-WC/Fixation/99-5800-06, Dated 6.7.99 as per Annexure R-III.

Therefore, the claim of the applicant for pay scale of Rs. 3120-5160 w.e.f. 1.1.96 is not maintainable and does not cover under rules/instructions of the H.P. Govt. Hence the present petition does not sustain, in view of the above submission and deserves to be dismissed.

There is no rejoinder. In case the petitioner has still any dispute with regard to the factual or legal position, as stated in the reply, it will be open for him to approach the first respondent, in which case, the matter will be duly considered by the first respondent and appropriate orders, in accordance with law, in the matter, will be passed within another four months.

The writ petition is disposed of, so also the pending application(s), if any.