Rajinder Prasad Vashist vs State of H.P. and Others

Deepak Gupta, J.

1 The Petitioner is a Statistical Assistant working in the Directorate of Food, Civil Supplies and Consumer Affairs and prays that he may be granted the scale of Rs. 5800-9200 as is being paid to Statistical Assistants in other Departments in the State of Himachal Pradesh w.e.f. 1.1.1996 alongwith interest and arrears.

The matter is squarely covered by the judgment of a learned Single Judge of this Court delivered in CWP(T) No. 7171 of 2008 titled as Mohinder Kumar and Ors. v. State of H.P. and Ors. decided on 22.7.2010 wherein a Single Judge of this Court in the case of Statistical Assistants working in the Health and Family Welfare Department held as follows:

Thus, seen from any angle, the Petitioners have made out a case for grant of pay scale of Rs. 1800-3200 w.e.f. 1.1.1986 to 31.12.1995 at par with Statistical Assistants of Planning Department and Economics and Statistic Department. Accordingly, the petition is liable to be allowed.

The result of the above discussion, the petition is allowed. It is held that the Statistical Assistants of Health and Family Welfare Department of Respondent No. 1 are entitled to pay scale of Rs. 1800-3200 w.e.f. 1.1.1986 to 31.12.1995 at par with Statistical Assistants of Planning Department and Economics and Statistic Department of Respondent No. 1.

Sh. Vivek Thakur, learned Additional Advocate General appearing for the State submits that in fact the State has decided to allow the revised pay scale to all Statistical Assistants working in various Departments vide its order dated 8th November, 2010. However, according to him, the Petitioner cannot be given this scale as he is not a graduate. In my view, there is no merit in the contention of Sh.Vivek Thakur. Even for Statistical Assistants in the Directorate of Food and Civil Supplies the minimum educational qualification for direct recruitment is graduation. It is true that the promotees are not required to have the same educational qualification but this does not mean that the educational qualifications for the posts are different. There cannot be two different pay scales for the same work in the same Department for direct recruits and promotees. They both have to be given the same scale of pay. Therefore, the mere fact that the Petitioner is not a graduate but has been promoted as a Statistical Assistant cannot debar him from the scale as is being given to his counterparts.

In view of the above discussion, the writ petition is allowed. The Respondents are directed to give the benefit of pay scale of Rs. 5800-9200 on notional basis from the date it was due to the Petitioner. The actual arrears shall be paid only w.e.f. 1.1.2007 i.e. three years prior to the filing of the writ petition. The entire monetary benefits be paid to the Petitioner alongwith interest @ 6% p.a. latest by 31st December, 2011 failing which the Respondents shall be liable to pay interest @ 12% p.a. No costs.