BALDEV CHAND Vs. STATE OF H.P

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 category. It was their case that revision of pay scale of ˜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.

(2.) 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".

(3.) THE Principal Secretary (Finance) has filed an affidavit, dated 17th December, 2011, stating that revision of pay scales is not available to the employees of the Government of Himachal Pradesh. The Administrative Department has filed its reply, dated 20th March, 2012, wherein it is stated that pay scales are revised after considering all facts on record by the Pay Commission, which is an expert body. It would be profitable also to refer to paragraphs 8, 9 and 10 of the reply, which read as follows: - 8. That the contents of this para are admitted in view of Annexure P -4. However, it is submitted that in this particular case, Govt. of Punjab has not finally accepted the judgment as mention in Annexure P -4 and have also filed appeal. 9. That in reply to the contents of this para it is submitted that the Punjab Govt. has issued notification dated 12.5.2011 with the condition that grant of scales is subject to the outcome of the LPA filed by the State against the decision of the Hon ble Single Bench of the Hon ble High Court. That in reply to the contents of this para it is submitted that the State of Himachal Pradesh has not its own Pay Commission and by and large follows Punjab Government pay scales, for its employees. This is done after careful examination and the Government of Himachal Pradesh may or may not implement a particular pay scale keeping in view the fact that Himachal Pradesh Government has its own staffing pattern and also prescribes service conditions including pay scales etc. of a particular post/service on its own by framing/notifying R&P Rules and pay Rules in exercise of the powers conferred by proviso to Article 309 of the Constitution of India. -