Ramesh Kumar vs State of H.P.

Sureshwar Thakur, J.—The petitioners are working as Technical Assistants in, the department of Horticulture. They claim the benefit of revised pay scale, in, the grade of Rs. 2000-3500 w.e.f. 1.1.1986 with all consequential benefits, as given to other categories.

During the course of hearing, the learned counsel for the petitioners, confined, his, relief only to the one of the benefit, of, the revised pay scale, in, the grade of Rs. 2000-3500, being afforded in favour of the petitioners, whereas, he, has abandoned the other relief, as, averred in the petition qua re-designation of their post, to, that of Horticulture Development Officer w.e.f. 24.09.1994. The prayer of the petitioner, is, anvilled upon Annexure P-3 wherein at page 29 at Sr. No. 13 the trade of the petitioners occurs and the revision in the trade as contemplated by the Government, is, in the scale/grade of Rs. 2000-3500. A perusal of the judgment rendered by the H.P. Administrative Tribunal, Shimla, comprised, in, Annexure P-6, which judgment was rendered, on, an application preferred by an applicant/petitioner holding a post analogous, to, the post held by the petitioners, and was held entitled, to, the revised pay scale of Rs. 2000-3500, as, envisaged and contemplated, in, Annexure P-3 supra. The judgment comprised in Annexure P-6 was affirmed and maintained, by, a judgment of the Hon''ble High Court comprised, in, Annexure P-7.

The upshot of the above discussion, is, that the petitioners, who are Technical Assistants, as was applicant/petitioner in the previous decisions, comprised in Annexure P-6 and Annexure P-7, and, as such, when in the previously concluded decision qua an applicant/petitioner therein holding a similar/analogous post, the, benefit of revised pay scale of Rs. 2000-3500 was afforded to him. Consequently, it is enigmatic as to what has constrained the respondents, to, deny to and disallow to the petitioners, a pari materia relief, especially when it is not pronounced, on, a perusal of the record, that the operation/effect of the judgment comprised, in, Annexure P-7 has either been stayed or reversed by the Hon''ble Apex Court. Therefore, the benefit of the judgments comprised, in, Annexures P-6 and P-7, as afforded to a similarly situated employee of the respondents, or to one who holds a post analogous to or similar to the petitioner, necessitates its being also afforded to the petitioners. In the State/respondents denying a pari materia justifiable relief to the similarly situated petitioner has acted arbitrarily and discriminatorily against the petitioners. The discrimination, now, be undone by the respondents by affording to the petitioners the relief, of, enhancing the pay scale, as, afforded to a like and similarly situated employee, in, the same manner as done earlier.

In view of the above direction, the present petition is disposed of so also the miscellaneous pending applications, if any.