Mohan Singh and Others vs State of H.P. and Another

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

(1) That the Respondents may kindly be directed to pay the applicants pay scale of Pump Operator Helpers in which capacity the applicants are working under the Respondents.

(2) That the Respondents be directed to pay the applicants pay scale of 800-1455 from the date the applicants being brought on the Work Charged Capacity and revised scale 2720-4260 w.e.f. 1.1.1994 with all consequential benefits and interest thereon.

(3) That the Respondents may kindly be directed to pay the applicants arrears of wages of their working as Pump Operators in the scale of 950-1800 revised to 3120-5160 with all consequential benefits till the applicants continued to work as Pump Operators they designated as Pump Operator Helpers.

In preliminary submissions of the reply, it is stated as follows:

The present original application is not maintainable in the present forum. The applicants are not entitled to the pay scale of Rs. 800-1455 and Rs. 2720-4260 as revised by the government. In fact, the applicant had been working as daily wage helpers with the Respondent department and on completion of 10 years of daily waged service, they were offered the post of helper in the pay scale of Rs. 750-1350 with the initial start of Rs. 770/- per month. This offer of appointment was made to each of the applicants, keeping in view, their previous working and service rule applicable at that time. All of these applicants had accepted the offer and had joined their duties in the department respectively.

The copies of appointment orders of these applicants are annexed as Annexure RA-1, RA-II, RA-II, RA-IV, RA-V, RA-VI, RA-VII, RA-VIII, RA-IX, RA-X, RA-XI, RA-XII and RA-XIII. The joining report of these applicants are also annexed as RA-XIV, RA-XV, RA-XXVI, RA-XXVII, RA-XXVIII, RA-XIX, RA-XX, RA-XXI, RA-XXII, RA-XXIII, RA-XXIV, RA-XXV, RA-XXVI. The applicant alongwith other persons are continuously working in the Respondent department and are getting the pay of helper in the pay scale of Rs. 750-1350 and as revised by the government from time to time. As per notification on dated 7.12.1995, the pay scale of helper together with many other workmen were clubbed together and all were re-designated as helper and granted the pay scale of Rs. 770-1410. The pay scale of all the categories were revised by the government vide notification No. FAN (PR) B(7)-1/98 dated 01.09.1998 wherein the pay scale of helper general category has been shown to Rs. 770-1410 and as per conversion table has been revised to Rs. 2520-4140 with initial start of Rs. 2620/- PM, the copy of notification are annexed as Annexure RA-XXVIII. Which were again notified vide schedule B category-wise wherein under para-1 helpers general category were granted the pay scale of Rs. 2520-41410. The pay scales, as specified in this notification column No. VII (1) are meant for the skilled and semi-skilled helper which were carrying the pre-revised scales of Rs. 800-1455, revised to Rs. 2720-4260. These scales are not applicable to the applicants as they had been drawing the pay in the pay scale of Rs. 770-1410 as stated against item No. 1 general helper and maintenance staff carrying the pay scale of Rs. 770-1410 revised 2520-4140, therefore, the present original application deserves to be dismissed on the ground that applicants and other workmen were getting their pay in the pay scale of Rs. 770-1410 which were later received to Rs. 2520-4140 with initial start of Rs. 2620, hence this original deserves to be dismissed. The applicants are estopped for filing the present original application as they had accepted the offer of Rs. 770-1410 and continued without protest for the last more than four years. It is further submitted that the claim of the applicants for the pay scale of Rs. 800-1455 is barred by limitation as the said is being claimed after acceptance of appointment in the year of 1995, after lapse of about 4 years.

In case, the Petitioner has still any dispute with regard to the factual position, as stated above, it will be open to him to work out the remedy in an appropriate Forum including the first Respondent. In the event of Petitioner approaching the first Respondent, the matter will be duly considered by the first Respondent and appropriate action in the matter will be taken in accordance with law within a period of four months. In case, the Petitioner approaches the other Forum by way of representation, the same shall not be rejected only on the ground of delay.

With the above observations, the writ petition stands disposed of, so also the pending application (s), if any.