PRINCIPAL SECRETARY Vs. PRATAP THAKUR

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment and order, dated 24th February, 2011, made by the learned Single Judge in CWP (T) No. 7679 of 2008, titled as Pratap Thakur versus State of Himachal Pradesh and others, whereby the writ petition filed by the writ petitioner -respondent herein came to be allowed (hereinafter referred to as "the impugned judgment"), on the grounds taken in the memo of appeal.

(2.) THE writ petitioner -respondent invoked the jurisdiction of the H.P. State Administrative Tribunal in terms of Section 19 of the Administrative Tribunals Act, 1985, by the medium of Original Application No. 829 of 2001, seeking quashment of Annexure A -10 and directing the writ respondents -appellants to grant pay scale of Rs. 4400 -7000 with effect from 1st January, 1996 with all consequential benefits and interest @ 15% per annum to the writ petitioner, who was holding the post of Junior Translator in the erstwhile H.P. State Administrative Tribunal, on the averments contained in the said petition. After abolition of the H.P. State Administrative Tribunal, was transferred to this Court, came to be diarized as CWP (T) No. 7679 of 2008.

(3.) THE writ petitioner has laid the foundation of his case on the ground that the posts created/sanctioned in the H.P. State Administrative Tribunal are similar to the posts sanctioned and created in various departments of the State of Himachal Pradesh especially, Himachal Pradesh Secretariat, Governor's Secretariat and Himachal Pradesh Vidhan Sabha Secretariat. The post of Junior translator was sanctioned in the cadre of H.P. State Administrative Tribunal in the grade of Rs. 400 -600, was revised to Rs. 950 -1800/1200 -2100 with effect from 1st January, 1986, and the post was at par with the Junior Translator in the Himachal Pradesh Vidhan Sabha Secretariat because same pay scale was admissible in Vidhan Sabha also and essential qualifications for appointment were also similar. The pay scales were revised in terms of notifications, dated 20th January, 1998 (Annexure A -6) and dated 1st September, 1996 (Annexure A -7), but the pay scale of Junior Translator in the H.P. State Administrative Tribunal was not revised and in order to have parity, the H.P. State Administrative Tribunal made a proposal for revising the pay scale of Junior Translators from Rs. 950 -1800/1200 -2100 (pre -revised) to Rs. 4400 -7000. However, the writ respondents -State have rejected the same vide Annexure A -10.