Shri Vijay Kumar vs State of H.P. and Others

V.K. Sharma, J.—The petition has been filed on the following prayers:

7 (i). That the Respondents may be directed to give the pay scale of Rs. 3120-5160 (instead of Rs. 2620-4140) w.e.f. 1.1.1996 consequent upon regularization as Electrician Grade-II/Wireman forthwith.

(ii). That the Respondents may be directed to give interest @ 18% per annum on the delayed payments of arrears of revised pay scale of Rs. 3120-5160 w.e.f. till realization forthwith.

(iii). That the action of the Respondents in regularizing the applicant in a lower pay scale of Rs. 2620-4140 on 11.5.1999 vide Annexure A-8, may be declared illegal to the extent of pay scales forthwith.

In the reply filed on behalf of Respondents No. 1 & 2, the following stand has been taken vide paras No. 6 (vii) and 6 (viii):

6 (vii). Contents of this sub para are admitted to the extent that Respondent-State framed the R&P Rules of various category in order to implement the orders passed by the Hon''ble Apex Court and rest of the contents of the para that R&P Rules Annexure A-4 are applicable to the applicant is incorrect hence denied. It is submitted that Annexure A-4 is the R&P Rules meant for the category of Electrician Grade-II working in P.W.D. Department whereas the applicant is working as a Wireman in IPH Department and R&P Rules of Wireman category has not been finalized so far.

6 (viii). Contents of this sub para are admitted. However, it is submitted that these rules are not applicable to the applicant and he is presently governed under notification Annexure ''RA'' and he has been given a pay scale of Rs. 2620-4140 according to this notification.

Admittedly, the Petitioner was vested with the status of a work charged Wireman in the pay scale of Rs. 2620-4140. In the face of representation dated nil of October, 1998, Annexure A 6, specifying the rates of daily wage admissible to the daily rated Wireman and Electrician during 1986 to 1998, communication dated 25.6.1998, Annexure A-10, sent by the Superintending Engineer, IPH Circle, Dharamshala to the Chief Engineer(N), IPH Department, Dharamshala, the decision taken by the Respondents in the case of a similarly situate employee, namely Shri Rajinder Kumar who was engaged as Wireman but was regularized as Electrician Grade-II in the pay scale of Rs. 3120-5160 w.e.f. 1.1.1996 being an interchangeable post and communication dated 17.11.2006 sent by the Principal Secretary (IPH) to the Government of Himachal Pradesh to the Engineer-in-Chief, IPH Department, Shimla regarding regularization of daily waged/contingent paid workers, a copy of which has been produced by the learned Counsel for the Petitioner and is taken on record, which go to show that the posts of Electrician and Wireman are Class-III posts having uniform pay scale is Rs. 3120-5160, the Petitioner cannot be discriminated by denying the higher pay scale of Rs. 3120-5160.

In view of the above, the petition is allowed with a direction to Respondent No. 2/competent authority to consider the case of the Petitioner for grant of the pay scale of Rs. 3120-5160 in the light of this judgment with effect from the date of regularization as Wireman along with consequential benefits, if any, within three months from today, failing which interest at the rate of 9% shall also be payable.