KAMAL KISHORE Vs. STATE OF H.P.

JUDGEMENT

(1.) Amongst the members of its staff, the Himachal Pradesh High Court has a category known as "Restorers". It is a post belonging to Class III. It is mentioned at Item No. 10 of the Schedule -1 (A) appended to the Himachal Pradesh High Court Officers and Servants (Salaries, Leave, Allowances and Pension) Rules, 1971, (for brief, "the Rules"). S/Shri Kamal Kishore and Inder Dass are two of the Restorers. They became Restorer with effect from October 25, 1979. Both of them were confirmed in the post of Restorer by an order dated July 19, 1984. Kamal Kishore was confirmed with effect from November 2, 1981. Inder Dass was confirmed with effect from July 13, 1984.

(2.) The Government of Himachal Pradesh issued Office Memorandum No. FIN (C) -B(97) -9/79 dated November 2, 1979, in which it was said that the State Government has adopted the Punjab Pattern of scales of pay for its employees. The Schedule A appended to this Office Memorandum disclosed the existing and" revised scales of pay of various posts in Himachal Pradesh with effect from January 1,1978. In Schedule B the Restorers are mentioned at Item No. 5 under the Heading "Semi Skilled and Operational Staff". Their existing scale of pay has been shown as Rs. 100460 while the revised scale is shown at Rs. 400 -600.

(3.) Rule 2 of the Rules says, in its proviso, that: "It shall be competent for the Chief Justice to revise from time to time the scales of pay, special pay, selection grades and allowances of the employees of the High Court so as to bring them on par with the scales of pay and allowances which may be sanctioned by the Government of Himachal Pradesh from time to time for the corresponding or comparable categories of the employees of the Himachal Pradesh Civil Secretariat, as shown in Schedule -1 (A)."