State of H.P. and Others vs Prem Prakash Khatri <BR> Prem Nath Chauhan Vs State of H.P. and Others

Dev Darshan Sud, J.—Heard. The petitioner has challenged the judgment passed by the Hon''ble Single Judge in CWP No. 1609 of 2012 titled Prem Prakash Khatri versus State of Himachal Pradesh and others. The petitioner in the writ petition has represented to the State for placing him in the pay-scale of Rs. 2000-3500 on the Punjab pattern, which according to the petitioner was accepted practice and policy in the State of Himachal Pradesh. The case of the writ petitioner was recommended by 2nd respondent, Director of Health Services, Himachal Pradesh, Shimla and the Principal, Indira Gandhi Medical College, Shimla to respondent No. 1 the Principal Secretary (Health and Family Welfare) to the Government of Himachal Pradesh. These facts are noted by the Hon''ble Single Judge in the judgment and not disputed before us. What is in dispute is that the State of Himachal Pradesh does not follow the Punjab pattern in the matter of pay-scales. This contention of the appellant was rejected by the Hon''ble Single Judge holding that there is no dispute that the State of Himachal Pradesh is following the Punjab pattern in releasing pay-scales. Accordingly, the writ petition was allowed with the following directions:-

Accordingly, in view of the discussions and analysis made hereinabove, the writ petition is allowed. The respondents are directed to release the pay scale of Rs. 2000-3500/- to the petitioner w.e.f. 01.01.1986, as revised from time to time, within a period of eight weeks from today. The pensionary/retrial benefits of the petitioner shall also be worked out accordingly. The pending application(s), if any, also stands disposed of. No costs.

We are not inclined to accept this submission of the appellants that the Punjab pattern is not applicable in the State of Himachal Pradesh. This aspect was considered by a Division Bench of this Court in which one of us (Hon''ble Mr. Justice Dharam Chand Chaudhary was a member) in CWP No. 9047 of 2011 titled Baldev Chand and another versus The State of H.P. and others and other companion matters, which were disposed of on 21st March, 2012. Considering the entirety of the facts as pleaded, this Court held that the State should take a final decision with regard to implementation of the pay-scales as per the 3rd Pay Commission Report of the State of Punjab in the matter of revisions of pay-scales. In the process, the respondents were directed to consider the order dated 12.5.2011 passed by the State of Punjab, since it is the policy of the state Government to generally follow the Punjab pattern and that there is no other independent Pay Commission in the State. [Emphasis supplied]. This decision clinches the entire issue. We, therefore, do not find any merit in this appeal, which is dismissed.

CWP No. 4684 of 2013.

This writ petition is allowed in view of the judgment passed by Hon''ble Single Judge in CWP No. 1609 of 2012 titled Prem Prakash Khatri vs. State of Himachal Pradesh and others as the same and similar relief with respect to the Punjab Pay-Scale has been claimed by the petitioner therein. It shall abide by the directions issued therein. All pending application(s), if any, stand disposed of.