JEET RAM SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in all these petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain the clarity, the facts of CWP -T No. 2627/2008 have been taken into consideration.

(2.) THE post of Agriculture Sub Inspector was redesignated as Field Assistant Grade -I on 25.8.1986. Petitioners were promoted to the post of Technical Assistant Grade -I. They were paid the pay scale at par with Agriculture/Horticulture Inspectors (now re -designated as Agriculture/Horticulture Development Officers) with effect from 1.1.1978 and 1.1.1986. State Government issued notification dated 24.4.1993 whereby three tier pay scales were introduced for the post of A.D.O./H.D.O. However, Petitioners were allowed pay scale of ? 2200 -4000 on 1.10.1993, vide Annexure A -1, subject to following conditions:

(3.) STATE Government issued notification dated 8.2.2005 (Annexure A -8) whereby existing pay scales of the Himachal Pradesh Horticulture Services (Class -I) were revised from Rs. 2200 -4000 to Rs. 7220 -11660 (entry scale), Rs. 10025 -15100 (after 8 years regular service in entry scale) and Rs. 12000 -16350 (after 16 years regular service in entry scale). It was also stipulated in the remarks column that for future recruitment to H.P. Horticulture Services (Class -I) the minimum qualification shall be Post Graduation I Ind Class in the concerned field/discipline. Respondent -University did not pay three tier pay scales to the Petitioners at par with H.P. Horticulture Services (Class -I). The Board of Management of the Respondent -University on the recommendations of the Finance Committee dated 27.6.2006 issued notification on 17.7.2006 whereby those appointed after 31.5.2001 and did not fulfill the basic qualification of B. Sc. (Horticulture/Forestry/Agriculture) and were in the scale of Rs. 5480 -8925 were to continue in the said scale of Rs. 5480 -8925 and those who were already granted the pay scale of Rs. 7220 - 11660/10025 -15100 but did not possess the requisite qualification B. Sc. (Horticulture/Forestry/Agriculture) were to continue in the pay scale already given as a measure personal to them and they were not entitled to three tier pay scales. The three tier pay scales were made admissible to the incumbents who fulfilled the following conditions: