SURINDER PAL MINHAS Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner was working as Junior Engineer in the Respondent -Department and has since retired. Vide memo dated 13.01.1997, Annexure R -I, issued by the Government of Punjab, Department of Agriculture, higher pay scale of Rs. 3700 -5300 was granted to those Junior Engineers who were working in the said for more than eighteen years. It was also made applicable to the Junior Engineers working in the Department of Agriculture, Government of Himachal Pradesh, vide letter dated 01.12.1992, Annexure A -3. However, Junior Engineers working in other departments, such as, IPH and PWD were left out of the purview of the revised higher pay scale of Rs. 3700 -5300 after completion of eighteen years of service.

(2.) THE case of the Petitioner is that there was parity in pay scales, including time scales in respect of the Junior Engineers working in the departments of Public Works (PWD), Irrigation and Public Health (IPH), Agriculture, Forest, Town and Country Planning etc. in the State of Himachal Pradesh. It is stated that nature of duties and functions of the Junior Engineers working in all these departments is identical. Thus, according to the Petitioner, adoption of higher pay scale of Rs. 3700 -5300 in terms of the aforesaid letter dated 13.01.1997, Annexure R -I, only in respect of the Junior Engineers working in the Department of agriculture and not to other departments referred to hereinabove is arbitrary and discriminatory and thus violative of Articles 14, 16 and 39(d) of the Constitution of India.

(3.) RELIANCE has also been placed on judgment dated 23.04.2009, passed by a learned Single Judge of this Court in Rameshwar Thakur and Ors. V/s. State of H.P. and Ors. Latest Himachal Law Judgment 2009 (HP) 1466, para 8 whereof is as under: 8. In case there is any disparity/anomaly/discrimination ex -facie present in the pay scales then the State Government is required to redress the same at the earliest. In the present case also since the pay scale of Rs. 1200 -2100 has been released to the Book -Binders working in the Departments of Agriculture and Printing and Stationery, there was no occasion to reject the case of the Petitioner on 19.9.1994. The Petitioners are discharging the same duties which are being discharged by their counter -parts in other departments and are entitled to the same pay scale on the principle of "equal pay equal work". The employer cannot discriminate while granting the pay scales to the similarly situate persons. There are no cogent reasons assigned why the Petitioners could not be granted the pay scale of Rs. 1200 -2100 with effect from 8.2.1989. The decision of the Respondent -State not to grant pay scale of Rs. 1200 -2100 with effect from 8.2.1989 on the basis of letter dated 19.9.1994 is arbitrary.