SHRI ANUP KUMAR SHARMA PRESENTLY POSTED AS ASSTT. PROFESSOR PHYSICS IN RGM GOVERNMENT DEGREE COLLEGE Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (EDUCATION) TO THE GOVERNMENT OF H.P. AND DIRECTOR OF EDUCATION

JUDGEMENT

(1.) ALL these petitions, being interconnected, are taken up together for disposal. The petitioners, in all these petitions, were members of the teaching faculty/ministerial/laboratory staff of the erstwhile Goswami Ganesh Dutt Sanatan Dharam College, Baijnath, District Kangra, H.P. (in short 'GGDSD College'), which was taken over by the respondent -State of Himachal Pradesh vide Notification dated 08.02.2007 (Annexure P -1), which, in turn, is based on an earlier Notification dated 25.08.1994, Clause (9) whereof, being relevant, is extracted below:

(2.) HOWEVER , to the detriment of the incumbents their pay was fixed at the initial of the respective pay -scales. In somewhat similar circumstances National College, Amb was also taken over by the State Government pursuant to which pay of the teaching/non -teaching staff of the said college was also similarly fixed at the initial pay -scale of the respective posts. Being aggrieved, one of them, namely, Ms. Prem Lata Thapar, approached the then H.P. Administrative Tribunal (since abolished) by way of an original application, which on abolition of the said Tribunal, was transferred to this Court and registered as CWP(T) No. 7821 of 2008, titled Ms. Prem Lata Thapar vs. State of H.P. and others, which was ultimately decided vide judgment dated July 27, 2011 (Annexure P -21), passed by this Court, text whereof is as under:

(3.) PETITIONER , at the time of taking over of the college, was in the pay scale of Rs. 3700 -5700, and drawing salary of Rs. 4, 450/ -. However, after taking over of the college and her services, petitioner was placed in the time scale of the post of lecturer, i.e. Rs. 2200 -4000, though her basic pay at Rs. 4,450/ - was protected. Relevant order is Annexure A -6. Petitioner is aggrieved by this order. Her grievance is that she should have been placed in the higher pay scale, which she had been getting at the time of taking over of the college and also her services by the State of H.P.