RAM NATH SONI Vs. STATE OF H P

JUDGEMENT

(1.) THE dispute herein relates to the grant of uniform pay scale of Rs. 300-600 w.e.f. 1.11.1966 to the then Assistant Librarians working in the Colleges/Schools/Public Libraries/Community Centre Libraries forming a common cadre in the Education Department.

(2.) THE background facts giving rise to the present dispute are that the aforesaid pay scale of Rs. 300-600 was granted to some of the Assistant Librarians only on the basis of seniority and others were left out. Being aggrieved and dis- satisfied with, the left out Assistant Librarians took the matter to this Court by way of writ petitions filed during the years 1979, 1981 and 1982. However, in the meantime on establishment of the erstwhile H.P. State Administrative Tribunal (since abolished), the writ petitions were transferred to the said Tribunal and the same ultimately came to be decided vide a common judgment dated 26.7.1993, Annexure A-2, rendered by the said Tribunal, operative part whereof is extracted below:-

(3.) THE respondents have taken the following stand, vide paras 6 (iv), (v) to (vii) and (viii) to (ix) of the reply:- "6 (iv). That in reply to the averments made to this para it is submitted that the petitioner is wrongly basing his claim on the judgment in TA No. 543/86. THE TA No. 324/86 and 320/86 were disposed of by the common judgment in TA No. 543/86. THE import of such judgment has no nexus with the case of the petitioner as the same are distinct and o n different footing. THE petitioner has joined the respondent- department after 26.7.1993 which is the cut off date, hence has no plausible and valid cause of action to seek parity with those incumbents who were in service as on 31.10.1966. In the matter of pay scale of Rs. 300-600 was denied to one section of similar situate Assistant Librarians/Librarians at that specific point of time. It is further submitted that no doubt the judgment rendered in T.A. No. 543/86 was implemented in letter and spirit by the State but the applicability of same was not open for those Assistant Librarians who came into service after 1.11.1966. It is pertinent to mention here that the present petitioner is not party to any of these petitions filed in the Hon'ble High Court. THEy pay scale of Rs. 300-600 was in fact granted as a measure personal to those Assistant Librarians who were in existence as on 31.10.1966. Under these circumstances higher pay scale wrongly granted to the petitioner do not create any valid or legitimate grounds to enjoy the same as long as they wish. It is within the domain of the State to rectify the mistake even at the belated stage as and when the same comes into notice, hence the present petition is bad in law and the same is liable to be dismissed. (v) to (vii). That in reply to the comments of these paras it is submitted that since the petitioners have been appointed after 26.7.1993 in the pay scale of Rs. 125-300 and was revised to Rs. 450-800 w.e4.f. 1.1.1978 and Rs. 1200-2100 w.e.f. 1.1.1986 and Rs. 4020-6200 w.e.f. 1.1.1996 hence the petitioners are entitled to the pay scale in terms of his appointment orders. It is submitted that the petitioner have wrongly been given the pay scale of Rs. 300-600, 700-1200 & 1640-2925 w.e.f. 1.11.1966, 1.1.1978 & 1.1.1986 respectively by the concerned Drawing and Disbursing Officer after the issuance of notification dated 16.6.1994 owing to misinterpretation of its contents. This mistake has been rectified by the respondents, hence the present petitioners have no right to challenge the same. (viii) & (ix). That in reply to the contents of these paras it is submitted that the orders issued vide Annexure A/13 passed by the replying respondent is just, fair and in the bonafide exercise of power, hence the same are sustainable in the eyes of law. It is pertinent to mention here that the controversy has cropped up due to misinterpretation of the contents of notification dated 16.6.1994 by the Drawing and Disbursing Officer concerned. When this matter came into the knowledge of the respondent, order dated 14.9.1999 were issued in order to clarify the notification dated 16.6.1994. THE notification dated 16.6.1994 was absolutely in conformity with the decision of Hon'ble Himachal Pradesh Administrative Tribunal delivered in TA 543/1986. It is relevant to submit here that the pay scale of 20 Senior-most Assistant Librarians designated as Senior Assistant Librarian who were awarded the pay scale of Rs. 300- 600 was further revised to Rs. 700-1200 w.e.f. 1.1.1978 and remaining Assistant Librarians in the pre-revised pay scale of Rs. 450-850. Hence, the petitioners are entitled to the pay scale of Rs. 450-800 w.e.f. 1.1.1978 and Rs. 1200-2100 w.e.f. 1.1.1986."