RITA BHARWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER , who was initially recruited as GDO -II in the year 1983 and then appointed as a Specialist in the year 1986 and is now in the cadre of GDO -I since 28.4.1995, by virtue of merger of cadre of Specialists with that of GDOs, is aggrieved by the order of her pay fixation, copy Annexure A -12. Her grievance is that though prior to issuance of order, copy Annexure A -12, she had been drawing equal or more pay compared to her juniors in the cadre of GDOs, her pay has been fixed at a level lower than that of her juniors, by virtue of Annexure A -12.

(2.) PETITIONER , when initially appointed as GDO -II in the year 1983, was having post graduate degree. Because of her possessing post graduate decree, she was given four advance increments in the pay scale of Rs.940 -1850. In the year 1986, there were some vacancies of some specialists. Petitioner being Post Graduate, applied for appointment to the post of Specialist. She was selected and appointed w.e.f. 20.10.1986 in the pay scale of Rs.1400 -2000. She was, however, not given any advance increments, because the higher pay -scale of specialists was on account of their being Post Graduates.

(3.) ON 31.1.1995, Government of Himachal Pradesh, issued an Office Memorandum, copy Annexure A -4, which provided for grant of four advance increments to GDOs of both grades, i.e. Grade -I and Grade -II, if they possessed post graduate degree. At that time, cadre of Specialists was separate from that of GDOs. Specialists ' Cadre was merged with that of GDOs w.e.f. 28.4.1995. Though Notification of merger is not there, but this fact is admitted by the Respondents in their reply. On account of issuance of Notification of merger, Petitioner got into the cadre of GDOs and became entitled to pattern of pay -scales, prescribed for GDOs.