STATE OF HIMACHAL PRADESH Vs. AMAR CHAND THAKUR

JUDGEMENT

(1.) Since common questions of law and facts arise for consideration in all these appeals, the same were taken up together for hearing and are being disposed of by way of common judgment. In order to maintain clarity, facts of LPA No. 445 of 2012 have been taken into consideration. The party shall be referred to as the 'writ petitioners' and 'Department' respectively.

(2.) Material facts as borne out from the pleadings of the parties are that the writ petitioners were working in the Health and Family Welfare Department as Computers and Junior Statistical Assistants (for short 'Department'). As per the Recruitment and Promotion Rules notified on 7.12.1973 for Health and Family Welfare Department Subordinate Class-III Services, computers/ Computers-cum-clerks were placed in the pay scale of Rs.110-250. These posts were to be filled up 100% by way of direct recruitment and the essential qualification for the same was Matric/Higher Secondary Part-I.

(3.) The post of Statistical Assistant appearing against Sl. No. 9 was in the pay scale of Rs. 200-500, whereas the post of Statistical Assistant at Sl. No. 10 was in the pay scale of Rs. 140-300. It was averred that the Computers in Economics and Statistics Department (for short 'E &S Department) were re-designated on 50:50 basis as Field Investigators Grade-I & Grade-II in the pay scale of Rs. 140-399 and Rs. 120-250 respectively w.e.f. 10.12.1974 vide memorandum dated 19.7.1978, whereas in the 'Department', the Computers were in the pay scale of Rs. 110-250 comparable to Field Investigators Grade-I in E &S Department and Junior Statistical Assistants were in the pay scale of Rs.140-300 comparable to Field Investigators Grade-II in E &S Department.