STATE OF H.P. Vs. SURINDER LAL

JUDGEMENT

(1.) PETITIONERS have filed the present Writ Petition, under Articles 226 and 227 of the Constitution of India, seeking judicial review of order dated 30th December, 2004, of learned H.P. State Administrative Tribunal (now abolished), in Original Application No.627 of 1992, filed by respondent Surinder Lal, whereby the present petitioners have been directed to grant pay -scale of Rs.2000 -3500 to the respondent, instead of the pay -scale of Rs.16402925/1800 -3200.

(2.) RESPONDENT Surinder Lal had been working as Technical Assistant in the Department of Horticulture, Himachal Pradesh. Initially, the pay -scale of Technical Assistant and certain other categories, like Plant Protection Inspectors, Bee -keeping Inspectors, Research Assistants, Technical Assistants, Horticulture Inspectors (Information), Horticulture Inspectors (Marketing), was 250 -450 and pay -scale of Senior Assistants, Chemical Assistants and Manager -cum -Chemists was 300 -600. The Governor of Himachal Pradesh, vide Notification dated 23rd April, 1979 (Annexure P -2), ordered that the pay -scale of all the abovenamed categories shall be 320 -750, w.e.f. 1st November, 1977. Thus, Technical Assistants, Plant Protection Inspectors, Bee -keeping Inspectors, Research Assistants, Horticulture Inspectors (Information), Horticulture Inspectors (Marketing), Senior Assistants and Manager -cum -Chemists had been brought at par with each other, in the matter of pay -scale. Pay -scales were revised from 1st January, 1978 and all the categories were granted revised pay -scale of 700 -1200/800 -1400.

(3.) THE present respondent felt aggrieved by the aforesaid discriminatory treatment and filed Original Application before the Tribunal, seeking grant of higher pay -scale of 2000 -3500 for his category also, as had been done in respect of other categories, referred to above. His prayer was opposed before the Tribunal by the petitioners, on the ground that the post of Technical Assistant is different from other posts. It was also pleaded that the respondent did not possess the minimum prescribed qualification for the post of Technical Assistant and for this reason also he was not entitled to the further revised pay -scale of 2000 -3500. It was also stated that the post of Technical Assistant in Horticulture Department had been equated with the post of Technical Assistant in Agriculture Department, pay -scale of which was 1640 -2925/1800 -3200.