BALWANT SINGH Vs. THE STATE OF HIMACHAL PRADESH

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, for clarity sake, facts of CWP No. 2318/2011 have been taken into consideration.

(2.) Material facts necessary for the adjudication of these petitions are that the petitioners are working in the respondent -Department as Computers/Junior Statistical Assistants. According to the Recruitment and Promotion Rules notified on 7.12.1973 for Health and Family Welfare Department Subordinate Class -III Services, Computers/ Computers - cum -Clerks were placed in the pay scale of Rs. 110 -250. These posts were to be filed up 100% by way of direct recruitment. Essential qualification was Matric/Higher Secondary Part -I. The post of Statistical Assistant appearing against Sr. No. 9 was in the pay scale of Rs.200 -500. The post of Statistical Assistant at Sr. No. 10 was in the pay scale Rs. 140 -300. The Computers in Economics and Statistics Department (hereinafter referred to as the 'E&S Department' for brevity sake) were re -designated on 50:50 basis as Field Investigators Grade -I and Field Investigators Grade -II in the pay scale of Rs. 140 -399 and Rs. 120 -250, respectively w.e.f. 10.12.1974 vide memorandum dated 19.7.1978. In the respondent -Department, the Computers were in the pay scale of Rs. 110 -250 comparable to Field Investigators Grade -II in E&S Department and Junior Statistical Assistants were in the pay scale of Rs. 140 -300 comparable to Field Investigators Grade -I in E&S Department. The parity in the pay scales of post of Computers of respondent - Department was maintained with Field Investigators Grade -II and that of Junior Statistical Assistants was maintained with that of Field Investigators Grade -I. The Computers were placed in the pay scale of Rs. 400 - 660 and Junior Statistical Assistants were placed in the pay scale of Rs. 450 -800. Revision of pay scale took place with effect from 1.1.1986 and the parity in the pay scales of Computers of the respondent -Department was maintained with Field Investigators Grade -II (950 - 1800) of E&S Department and that of Junior Statistical Assistants (1200 -2100) was maintained with that of Field Investigators Grade -I. However, vide notification dated 8.7.1994, the pay scale of Computers and Junior Statistical Assistants of respondent -Department vis   -vis Field Investigator Grade -II and Field Investigators Grade -I was disturbed revising the pay scale of Field Investigators Grade -II with effect from 1.1.1994 by allowing them three tier pay scales (950 -1800 with initial start of Rs. 1000/ -, Rs. 1200 -2130 and Rs. 1500 -2700 on 20:40:40 basis). However, the corresponding revision was not given to the Computers/Junior Statistical Assistants of respondent -Department. The Computers in respondent -Department were allowed to continue in the pay scale of Rs. 950 -1800. Respondent - State vide notification dated 17.10.1995 clubbed and re -designated the post of Field Investigators Grade -II and Field Investigator Grade -I in E&S Department as Investigators with effect from 1.1.1994 by allowing them three tier pay scale in the ratio of 20:40:40 as already granted vide notification dated 8.7.1994 (Annexure P -9). The pay scales of Investigators in E&S Department were revised with effect from 1.1.1996 by allowing them revised pay scale of Rs. 3120 -5160, with initial start of Rs. 3220/ - and Rs. 4400 -7000, with five years experience on 50:50) basis in place of 20:40:40 admissible before 1.1.1996. The Computers in the respondent -Department were allowed revised pay scale of Rs. 3120 -5160 in place of Rs. 950 -1800 with effect from 1.1.1996. The three tier pay scale allowed to Field Investigators Grade -I and Field Investigators Grade -II was further revised and extended to them with effect from 1.1.1986 instead of 1.1.1994. In sequel to the representation made by the petitioner, respondent No. 3 vide Annexure P -18 dated 31.5.2008 brought to the notice of respondent No. 2 that the pay scales of Statistical Personnel of E&S/Planning Department alongwith eight other Departments were revised with effect from 1.1.1986 whereas Statistical Personnel of respondent -Department were left out in that revision even though the pay scales and Recruitment and Promotion Rules of the posts were same in all the Departments of the State. It was also pointed out that the appointments were made in various Departments, including respondent -Department through H.P.P.S.C. on the basis of combined test/examinations as well as through Departmental Promotion Committee. It was also pointed out that the anomaly has arisen and the same be removed. However, the fact of the matter is that the claim of the petitioner was rejected by respondent No. 2 on 30.12.2009.

(3.) MR . Rajinder Dogra, learned Additional Advocate General has argued that the petitioners cannot be paid pay scale at par with their counterparts in E&S Department. He further contended that the petitioners have been granted pay scales on Punjab Pattern and there cannot be any deviation from the same. He also contended that the petitioners have been granted pay scales by applying conversion table. He further contended that the Computers are not discharging same duties and responsibilities vis   -vis their counterparts in E&S Department. He also contended that the up -gradation of post of Computers/Junior Statistical Assistant to the post of Field Investigators Grade -II and Field Investigators Grade -I was not carried out by the Government in all the Departments, but it was only done in the E&S Department keeping in view the nature of duties in the Department.