PURSHOTTAM DUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The material facts necessary for adjudication of the petition are that the petitioner was appointed as Junior Basic Teacher (for short 'JBT') on adhoc basis w.e.f. 15/3/1990. He continued on the post of JBT till 1998. On 24/7/1998, petitioner was appointed as Shastri Teacher in the pay scale of Rs.5000.00 8100. The scale allowed by the respondents to other Shastri Teachers w.e.f. 1/1/1996 was Rs.5480.00 8925.

(2.) In the backdrop of aforesaid facts, the petitioner has prayed for following reliefs:-

(3.) In response, it has been submitted that the case of petitioner was different than the facts of the case in CWP(T) NO. 5759/2008 titled Subhash Chand and another vs. State of Himachal Pradesh and others decided by this Court. In support of such contention, it is submitted that petitioner was allowed pay scale of Rs.5000.00 8100 at the time of his appointment as Shastri Teacher in the year 1998, whereas, the petitioners' in CWP(T) No. 5759/2008 were allowed pay scale of Rs.5480.008925 in the first instance and reduced subsequently to Rs.5000.00 8100. It has also been submitted that the pay of petitioner was re-fixed in the scale of Rs.5480.00 8925 by the Deputy Director of Elementary Education, Shimla wrongly vide office order dtd. 30/5/2013. However, the same was rectified when the service book of the petitioner was re-examined and it was found that his case was not similar to that of petitioners' in CWP(T) No. 5759/2008.