CWPOA/1415/2020 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWPOA No.1415 of 2020

Decided on: 29th December, 2023 _________________________________________________________________ Rishi Dev Singh Pathania

....Petitioner

Versus State of H.P.& Ors.

…Respondents _________________________________________________________________

Coram

Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vivek Singh Thakur, Advocate.

For the respondents: Mr. Pranay Pratap Singh, Additional Advocate General with Mr. Sidharth Jalta, Deputy Advocate General.

Jyotsna Rewal Dua, Judge

CMP(T) No. 1017 of 2023

Allowed and disposed of.

CWPOA No.1415 of 2020

2. With consent of the learned counsel for the parties, matter is taken up for hearing at this stage.

3. Petitioner’s grievance is that though the respondents have granted him monetary benefits of higher

Whether reporters of Local Papers may be allowed to see the judgment? yes

pay scale w.e.f. 14.10.1993, however, his pay was to be fixed notionally in that higher pay scale w.e.f. 03.01.1988 in terms of notification dated 27.07.1994. The respondent has not granted the scale notionally to the petitioner w.e.f. 03.01.1988, hence this petition.

4. Following facts are not in dispute: - 4(i) Petitioner joined as Surveyor in the State Irrigation & Public Health Department (I&PH in short) on 03.01.1976 in the pay scale of Rs.1200-2100. The petitioner through the association of Surveyors of the Department represented to the respondents for grant of pay scale of Rs.1800-3200 on completion of 12 years’ service on the analogy of pay scales granted to the Surveyors of Agriculture Department in the State. These representations were not accepted by the State. 4(ii) Original Application (D) No. 1035 of 1994 (Hans Raj and others Vs. State of H.P. and others) was instituted by the Surveyors of Public Works and I&HP Department in the State Administrative Tribunal with the prayer that scale of Rs.1800-3200 be allowed to the petitioners w.e.f. 01.09.1993

on completion of 12 years’ service as in the case of Surveyors of State Agriculture Department. Present petitioner was one of the petitioners in the O.A.

The stand of the State in the said O.A. was that the desired pay scale could not be granted to the Surveyors of Public Works and I&PH Department till the same was granted by the State of Punjab to its Surveyors working in PE & I&PH Departments. This was for the stated reason that the respondent-State had the policy of maintaining parity in the matter of grant of pay scale to its employees with the corresponding categories in the State of Punjab.

O.A. (D) No. 1035 of 1994 was decided by the Administrative Tribunal on 20.06.2000. From the order so passed by the Tribunal, it become clear that during pendency of petition, Surveyor in I&PH Department of Punjab were released the higher pay scale. This fact was taken into account by the learned Tribunal while deciding the petition. The operative part of the decision reads as under: - “Thus in consequence the Surveyors of Irrigation department of Punjab have also been granted parity in the matter of pay scales with their counter parts in other

departments of Punjab like Agriculture and Industries. There is no separate department of Irrigation in Himachal Pradesh. The department in Himachal Pradesh is Irrigation and Public Health and the Surveyors of this department naturally are the counter parts of the Surveyors of Irrigation department of Punjab. Thus, their cases can be considered by the respondents as this would be falling within the policy decision of the State Government to grant similar pay scales as are granted by the Government of Punjab to a particular category of employees. Public Works Department is a sister department of Irrigation & Public Health and naturally whatever scale is allowed to the surveyors of Irrigation & Public Health department, would be allowed to surveyors of Public Works department also.

On the basis of the above discussions the present application is accepted to the extent that the respondents are directed to obtain the latest position of the scale of Surveyors as granted by the Government of Punjab to the Surveyors of Irrigation Department in compliance to the orders of the Hon’ble High Court of Punjab and Haryana, and to grant the same pay scale to the Surveyors in the department of Irrigation & Public Health and Public Works Department in Himachal Pradesh also, within a period three months from today."

Learned Administrative Tribunal held that the Surveyors of I&PH Department of Punjab had been granted parity in the matter of pay scale with their counterparts in the other departments of Punjab like Agriculture and

Industries. Therefore, the cases of the Surveyors of respondents-State I&PH Department would be following the policy decision of the State Government to grant similar pay scales as are granted by the Government of Punjab to a particular category of employees. The respondents were directed to obtain the latest position of pay scale of Surveyors as granted by the Government of Punjab to the Surveyors of I&PH Department and then to grant the same scale to the Surveyors in the Departments of Public Works and I&PH in the State of Himachal Pradesh. It is not in dispute that the judgment dated 20.06.2000 rendered in O.A.(D) No.1035 of 1994 attained finality. 4(iii) Petitioner alongwith others preferred Execution Petition (T) No.11 of 2012 for enforcement of the above decision. The Execution Petition came up for hearing on 11.06.2013 when following order was passed in the matter: -

“It is jointly stated on behalf of the parties that the judgment under execution has since been implemented, vide office order dated 10.6.2013, issued by the Engineer-in-Chief, I&PH Department, Shimla, text whereof is as under: - "Pursuant to the approval of Finance Department as conveyed vide Additional Chief

Secretary (IPH) to the Govt. of H.P. letter No.IPH-A-B(9)- 3/2011, dated 10.06.2013 and in compliance to the judgment passed by the Hon'ble HPAT in O.A. (D) No.1035/1994 dated 20.06.2000 the pay scale of Rs.1800-3200 on completion of 12 years of service is hereby granted to all the petitioners (10 No. list enclosed) working as Surveyor in IPH Department as a measure of personal to them with all consequential benefits w.e.f. from 14.10.1993.

The implementation of the Order shall be subject to the decision of Hon'ble Supreme Court of India in Special Leave Petition."

2. However, it is stated that pay fixation and release of consequential benefits pursuant to the office order dated 10.6.2013, shall take some more time and as such the petition may be taken up for further appropriate orders after two weeks. Prayer considered and allowed in the interest of justice, with a direction to the respondents to fix the pay of the petitioners and release the consequential benefits within the extended time of two weeks.

List on 28.06.2013.”

The respondent projected before the learned Executing Court that in compliance to the judgment passed in OA(D) No. 1035 of 1994, the pay scale of Rs.1800-3200, on completion of 12 years’ service, had been granted to all the petitioners (including the present petitioner) working as Surveyors in I&PH Department as a measure personal to them with all consequential benefits w.e.f. 14.10.1993. It was, however, pleaded that the actual pay fixation and

release of consequential benefits pursuant to the pay fixation order dated 10.06.2013 would take some more time. Learned counsel for the parties have jointly submitted that the Execution Petition was later on disposed of in terms of the above stand of the respondents. 4(iv) The actual pay fixation order in case of petitioner was issued by the respondents on 13.03.2014 (Annexure A-7). Under this office order, petitioner was granted higher pay scale of Rs.1800-3200 as Surveyor on completion of 12 years’ service i.e. on 03.01.1988, but actual monetary benefits have been restricted to him w.e.f. 14.10.1993. It appears that petitioner alongwith others, thereafter instituted CWP No.9104 of 2014, seeking a direction to the respondents to give them notional benefits of higher pay scale on completion of 12 years’ service w.e.f. 03.01.1988, (in case of petitioner). The writ petition was disposed of on 12.03.2015 with a direction to the respondents to consider the case of the petitioner in accordance with law. The respondents vide office order dated 13.11.2015, rejected the claim of the petitioners for notional benefits on completion of 12 years’ service.

It is in the aforesaid background, the petitioner has instituted the present petition, seeking following relief: - “It is, therefore, most respectfully prayed respondents may kindly be directed to grant senior scale notionally on completion of 12 years’ service i.e. as on since 03.01.998 in light of law of land vide Annexure A-1 & A-2 and accordingly office/pay fixation orders 20332- 28/dated 13.03.2014 Annexure A-7, issued by respondent No.2 may kindly ordered for modification by granting scale notionally since 03.01.1988 (since when applicant completed

years)

by granting all consequential benefits.”

5. I have heard learned counsel on both sides and considered the case record.

As observed above, the facts of the case are not in dispute. The respondent-State has released the higher pay scale of Rs.1800-3200 to the petitioner on completion of 12 years’ service, however, the actual monetary benefits have been released w.e.f. 14.10.1993. This has been done inter- alia on consideration of notification dated 27.07.1994, which reads as under: -

“Govt. of Himachal Pradesh

Department of Agriculture

Sr.Krishi-B-6(1)94

dated 27 July 1994 Notification The Governor of H.P. pleased to order for grant of Senior pay

scale of Rs.1800-3200 to the surveyors of Agriculture Department w.e.f. 01.09.1993 under the following terms: -

1. This pay scale will be given from the date on which employee being surveyor will complete 12 years’ regular service.

2. Considering the hardships of employee who have completed 12 years’ service before 01.09.1993 the said pay scale will be granted to them on completion of 12 years’ service, or from the date of option of their revised pay scale of Rs.1200-2100, whichever is later, on notional basis and their pay will be fixed accordingly, but the arrears to pay will be paid w.e.f. 01.09.1993.

3. This senior scale will be given according to audit sub- clause (i) of the fundamental rule 22 and concerned employee will have right to option under the provisions of fundamental rule 23.

Endat. No.Krishi (B)-6(i)94

Attar Singh

Additional Chief Secretary

Govt. of H.P. 27 July 1994”

The above notification was similar to the one issued by State of Punjab on 14.10.1993 in case of Surveyors of its Agriculture Department.

As per above notification issued for Surveyors of Agriculture Department, pay scale of the Surveyors, who had completed 12 years’ service before 01.09.1993, was to be fixed notionally on the date of completion of 12 years’ service. The actual benefit of higher scale/arrears thereof were to be paid to them w.e.f. 01.09.1993. In the Execution Petition (T)

No.11 of 2012, the State had projected that the pay scale of Rs.1800-3200 had been granted to the petitioner working as Surveyor in I&PH Department as a measure personal to him on completion of 12 years’ service, but with all consequential benefits w.e.f. 14.10.1993. That in case of Surveyors completing 12 years’ service before 01.09.1993, the scale was to be fixed notionally from the date of completion of 12 years of service. It was to be granted on actual basis w.e.f. 14.10.1993.

It would also be pertinent to take note of office order dated 13.03.2014 which grants higher pay scale of Rs.1800-3200 to the petitioner on completion of 12 years’ of service on 03.01.1988, but releases the actual benefits w.e.f. 04.01.1993. The respondents in their reply have not given any justification as to why the petitioner is not entitled for notional fixation of higher pay scale w.e.f. 03.01.1988 i.e. the date he completed 12 years’ service till 14.10.1993, when consequential monetary benefits flowing from release of higher pay scale were released to him. No substantive reason for refusing this claim is reflected in order dated 13.11.2015

(Annexure A-9). In view of above, respondents are required to reconsider the case of the petitioner vis-à-vis relief prayed by him by passing speaking order.

In view of above discussion, this writ petition is disposed of with a direction to respondent No.2 to consider the case of the petitioner afresh for notional fixation of his pay in higher pay sale of Rs.1800-3200 w.e.f. 03.01.1988 the date he completed 12 years of service as Surveyor, in accordance with law, within eight weeks from today. The speaking order so passed be also communicated to the petitioner.

The pending miscellaneous application(s), if any, also stand disposed of.

Jyotsna Rewal Dua

Judge December 29, 2023 R.Atal