SURINDERA GUPTA Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner has prayed the following reliefs in the petition:-

(2.) THE case of the petitioners in brief is that the respondents have not granted pay scale of Rs.1500-2640 to the petitioners w.e.f. 1.1.86 after the revision of the scales on 1.1.1986 in the cadre of Auxillary Nurses and Mid Wives. THE petitioner No.1 was designated Staff Nurse vide office order dated 4.5.1996 after the completion of 20 years service. THE petitioner No.2 was designated as Staff Nurse from 1986 but both the petitioners have not been granted revised pay scale of Rs.1500-2640 w.e.f. 1.1.1986. THE respondents had granted the pay scale of Rs.1500- 2640 to the petitioners in T.A. No.2/91 decided by Tribunal on 14.10.1996. It has been submitted that petitioner No.2 is senior to some of the petitioners in T.A. No.2/91. THE petitioners have also submitted that they have not been given benefit of additional increments by way of Proficiency Step Up after completion of 8 years of service in pursuance to letter dated 14.6.1989 Annexure P-2. It has also been alleged that the petitioners are entitled to grant of next higher scale under the Assured Career Progression Scheme dated 15.12.1998 Annexure P-3.

(3.) SOME of the Auxillary Nurses and Midwives had filed CWP No.154 of 1983 in this Court which was transferred to erstwhile Tribunal and there it was registered as TA No.2/91 which was decided on 14.10.1996. The Tribunal in that petition has held that the petitioners who are similarly placed as Smt. Damyanti Jairath are entitled to the scale of Rs.1500-2640 w.e.f. April 1, 1986. The respondents were directed to give the pay scale of Rs.1500-2640 to the petitioners in TA No.2/91. The petitioners in the present petition have pleaded that petitioner No.2 is senior to some of the petitioners in TA No.2/91 It has not been denied by the respondents in the reply that petitioner No.2 is senior to some of the petitioners in TA No.2/91. The petitioners are similarly situated to the petitioners in TA No.2/91. Therefore, petitioners are also entitled to pay scale of Rs.1500-2640 w.e.f. 1.4.1986.