DAIZY DUA Vs. STATE OF HP THROUGH SECRETARY

JUDGEMENT

(1.) ON integration of services what is the principle to be followed and what is the procedure in equating a post with a lower scale are the issues arising for consideration in this case.

(2.) THE applicants in OA No. 436 of 1986 (legal representatives) before the erstwhile Tribunal are aggrieved by the order dated 31st May, 2010 passed by the Tribunal. THE original applicants, who were working as Laboratory Technicians in the Health and Family Planning Department, Government of Himachal Pradesh were allocated from the State of Punjab under the Punjab Re-organization Act, 1966 as Laboratory Technicians. According to them, they were Laboratory Assistants Grade-I (Laboratory Technicians) in the scale of 80-175 at the relevant time. It is their case that on integration Laboratory Technicians having lesser qualification and drawing lesser pay have been equated with them and based on their original date of appointment, they have been granted seniority as well.

(3.) THE contention is that while integrating the lower scale with the higher scale of 80-175 enjoyed by the original petitioner and by giving them the deemed date, those who were drawing a lower scale have been placed above the original petitioner based on their original date of appointment, at the time of integration. THE date of integration is 1.11.1966.