Sohan Bir Singh vs State of Himachal Pradesh and Another

V.K. Sharma, J.—The petition has been filed for grant of the following substantive reliefs vide para 7(1) and (2):

(1) That the respondents be directed to grant the scale of Rs. 1500-2640 to the applicant from a date earlier than the date the same scale has been granted to persons junior to the applicant.

(2) That the respondents be directed to pay all the arrears of salary to the applicant alongwith interest at market prevailing rates.

In para 3 of the reply it is averred as under:

That the applicant does not deserve for granting of scale of Rs. 1550-2640 w.e.f 1-10-1988. the applicant was promoted from the post of Branch Incharge to that of Sub-Inspector w.e.f 1.12.1987 by the Management of erstwhile Nahan Foundry Limited, Nahan. In pursuance of R & P Rules in vogue annexed as Annexure R/1 at that time in M/s Nahan Foundry Limited, Nahan the Sub-Inspector have combined seniority with the senior clerks yet these posts were not inter-changeable.Consequent upon the conversion of M/s Nahan Foundry Limited, Nahan into HP.PWD and IPH State Workshop (Nahan Foundry), Nahan, the majority of the employees of Ministerial staff opted for Himachal Pradesh State pay scales w.e.f 1.10.1988. The Himachal Pradesh Government vide notification No. Fin(C)B(7)6/88-II dated 23.7.1990, annexed as Annexure R/2, issued by the Commissioner-cum-Secretary (Finance) to the Government of Himachal xPradesh, revised the pay scales of the employees w.e.f 1.1.86 and by dint of notification the 40% of the total number of posts of clerks in the cadre after minimum period of ten years of service taken together as a clerk and Sr. Clerks were designated as Jr. Assistant and were placed in the pay scale of Rs. 1500-2640 w.e.f 1.10.1988 (vide notification No. PBW (Spl. Cell)1-A(1)1/89 dated 23/27.12.1989 annexed as Annexure R/3) the date from which the employees were taken in service of Himachal Pradesh Government. Lateron the scale was revised to Rs. 1500-2700 vide office Memorandum No. Fin (C)B(7)6/88 dated 17.2.1993 w.e.f 1.1.1993, annexed as Annexure R/4. Since the applicant did not possess the required period of service as on 1.10.1988, though senior in the cadre of Senior Clerks the scale of Rs. 1500-2640 (revised Rs. 1500-2700 w.e.f 1.1.93) cannot be granted to the applicant w.e.f 1-10-1988.

In case the petitioner still has any surviving grievance with regard to the factual and legal position, it will be open to him to approach the first respondent in which case the said respondent will look into the matter and take appropriate action in accordance with law and justice and appropriate orders thereon shall be passed within four months.

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