AMB, DISTRICT UNA, HIMACHAL PRADESH Vs. STATE OF H.P., THROUGH SECRETARY (EDUCATION) GOVT. OF H.P. SHIMLA-2, THE DIRECTOR OF ELEMENTARY EDUCATION, GOVERNMENT OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners, in these cases, have approached this Court seeking implementation of pay -scale in the Punjab pattern w.e.f. 1.1.1986. The petitioners are teachers belonging to the C&V Whether reporters of local papers may be allowed to see the judgment? category. It was their case that revision of pay scale of Rs.1640 -2925 to C&V teachers has been implemented in Punjab as per order dated 12.5.2011. The same was implemented initially only in the case of Shastris and Gianis, but the order dated 12.5.2011 was passed pursuant to the directions issued by the Court. In the State of Himachal Pradesh also, the 3rd Pay Commission Report was implemented in the case of Shastris and Language Teachers, who were appointed prior to 1989. We are informed that pursuant to the direction issued by this Court in Subash Chand v. State of H.P., the Shastris, who have been appointed after 1989 also, have been granted the same benefit. The only category of teachers, who has been left out in the matter of implementation of 3rd Pay Commission Report of Punjab, is C&V teachers. The State of Himachal Pradesh does not have a Pay Commission of its own. It has come out from the information furnished by the Deputy Secretary (Finance) to the Government of Himachal Pradesh dated 16.9.2011, which is otherwise Annexure in some of the writ petitions that, "...... it is reiterated that the pay scales of employees of State of Himachal Pradesh are being revised on Punjab pattern of pay scales since 1.2.1968".

(2.) BE that as it may. Since there has been a dispute as to whether the Punjab pattern is normally/automatically followed or not, this Court had issued a direction to the Administrative Department, the Finance Department and also the Chief Secretary to file separate affidavits as to the Policy of the State of Himachal Pradesh in that regard. In the affidavit of the Chief Secretary to the Government of Himachal Pradesh filed on 29th February 2012, it is stated in para 3 as follows: -

(3.) IT is not in dispute that as far as the 1st and 2nd Pay Commission Reports are concerned, the same had been implemented in the State of Himachal Pradesh as such. The dispute started only after the 3rd Pay Commission Report and the dispute is only in respect of C&V Teachers. All other categories have been paid the pay scale as per the Report and as per Punjab pattern. The dispute was the subject matter of litigation in the State of Punjab itself leading to judgment dated 9th November, 2011 in CWP No. 14264 of 1991, titled Harbhajan Singh Dhindsa & ors. vs. The State of Punjab & anr., which is otherwise Annexure is some of the writ petitions. The said judgment has been implemented, though according to affidavits and replies of the respondents, the implementation is subject to the LPA filed by the State of Punjab.