BALVINDER SINGH MAHAL Vs. STATE OF HP

JUDGEMENT

(1.) THE petitioner has approached this Court for grant of the following substantive reliefs: -

(2.) THE petitioner was appointed as Sub Fire Officer in the Directorate of Fire Services in January, 1980, and thereafter promoted as Station Fire Officer on 23.05.2005. The petitioner's case is that he is entitled to pay scale on the pattern of his counterparts in Punjab for which he has been repeatedly making representations from the year 1986. It is also claimed that his case along with similar situate persons was also recommended by the respondent No.2 to the respondent No.1 vide letter dated 01.07.2009, however, their cases were rejected without according any reasons vide letter dated 11.03.2010. This constrained the petitioner to file CW P No.4378/2010 wherein the petitioner sought relief of grant of revised pay scale. This petition was disposed of on 30.07.2010 with a direction to the respondent No.1 to consider the case of the petitioner on the basis of the averments made therein and also consider the representation submitted by the petitioner. The respondent No.1 after hearing the petitioner and also perusing all the documents annexed by him rejected his case vide order dated 27.11.2010.

(3.) IT is this order which has been challenged by the petitioner before this Court on the ground that the respondent No.1 failed to take into consideration that there is no government department of fire services in Punjab and, therefore, there are no pay scales notified as such by the Government of Punjab since the fire services are under the control of Municipal Committees and the administrative control of such Committees in turn is under the Local Self Government. The pay scales of pay pattern applicable in Punjab Municipalities ought to have been adopted by the respondents since it is following the Punjab pattern in matters of grant of pay scales. It is also claimed that State Government has made departure from Punjab in the matters of grant of pay scales to the certain categories which are non -existent in Punjab State and the State Government has taken magnanimous/broader view with regard to grant of pay scales so as to give its employees incentives. It is further claimed that the petitioner is entitled to the grant of the pay scale on the basis of equal pay for equal work.