L.C.BHARDWAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) BRIEF facts necessary for the adjudication of this writ petition are that petitioner No. 1 was appointed as Junior Engineer on 7.3.1988. Petitioner No. 2 was appointed as Junior Engineer on 27.6.1981. In the State of Punjab, the pay scales of the Soil Conservation Inspectors/Agricultural Inspectors/Soil Survey Assistants/Research Assistants were revised from Rs. 700 -1200 to 2000 -3500. The pay scales of the Sectional Officers in the State of Punjab were revised from Rs. 700 -1200 to 1800/3200 vide notification dated 24.7.1991. However, vide notification dated 30.6.1993, the Government of Punjab had re -designated the posts of Agriculture Inspectors/Soil Conservation Inspectors/Research Assistants etc. to Soil Conservation Officers and their pay scales were revised from Rs. 2000 -3500 to 2200 -4000 after 8 years of service and Rs. 3700 -5300 after 18 years of service. However, the Sectional Officers working in Conservation wing were not granted this pay scale. The Sectional Officers filed a writ petitions in the Honble Punjab and Haryana High Court bearing No. 11511/93 and 12785/93. Their case, in nutshell, was that their post was comparable with post of Conservation Inspectors/Agriculture Inspectors/Soil Survey Assistants /Research Assistants designated as Soil Conservation Officer and they were also entitled to revised pay scale at par with them. The stand of the Punjab Government before the Honble Punjab and Haryana High Court was that the qualification for the appointment to the post of Soil Conservation Officer is different vis -a -vis the category of the petitioners. The Honble Punjab and Haryana High Court allowed the writ petitions on 14.12.1995. The petitioners were held entitled to the same pay scales which were being granted to the Agriculture Inspectors. Soil Survey Assistants/Research Assistants.

(2.) IN sequel to the judgment rendered by the Honble Punjab and Haryana High Court on 14.12.1995, the State of Punjab took a conscious decision on 13.1.1997 (Annexure A -12). The text of letter dated 13.1.1997 reads thus : In compliance with the orders in Civil Writ Petition No. 11571, 12785, 7809, 8687, 9499 of 1993 and L.P.A.s No. 581, 584 to 587 of 1996 passed by the Honble Punjab and Haryana High Court the Governor of Punjab is pleased to grant revised pay scales of Sectional Officers (now known as Junior Engineers) as under :

(3.) IT is not disputed that the State of Himachal Pradesh adopts the pay scales of the corresponding categories of employees serving in the State of Punjab for its own employees. The State Government took a conscious decision on the basis of the letter dated 13.1.1997 issued by the State of Punjab vide Annexure A -2 on 31.12.1997. The text of letter dated 31.12.1997 reads thus : -