LETTERS PATENT APPEAL 36 of 2009 on 19 January 1993

J U D G M E N T

This appeal was dismissed in default vide order dated26.09.2012 due to non-appearance of the learned counsel fortheappellant.On19.10.2012/02.12.2012,CMPNo.60044/2013 was filed for recalling the order dated26.09.2012 and for restoration of the appeal to its originalposition. It is surprising that for about nine years thereafter nomention was made for taking up the aforesaid application.The application is therefore liable to be dismissed on this veryground. However, to meet the ends of justice, we have gonethrough the merits of the matter as well.

2. The appellant had filed the Original Application with thefollowing prayer:- “That the respondents may very kindly bedirected to give effect to the proposals submittedby the Director, Language & Culture to therespondent No.1 on 19.1.1993 and 22.8.95 atAnnexures A-4 & A-9 respectively and place theResearch Assistants in the pay scales of 2000-3500 by upgrading and re-designating the post ofResearch Assistants as Research Officer inparity with the Punjab pattern.”

3. The appellant was seeking parity in the pay-scalebased on revision of pay-scale of the employees of Languageand Culture Department State of Punjab on the basis ofannexures A-4 and A-9 issued by the Director Language andCulture Department Himachal Pradesh.

The respondents-State submitted that on revision ofpay-scale, the appellant alongwith others were allowed therevised Pay-Scale of Rs.1800-3200 w.e.f. 1.1.1986. Post ofResearch Assistant was not upgraded/re-designated in Stateof Himachal Pradesh keeping in view the limited functionalrequirement of the department as compared to the State ofPunjab. Staffing pattern in the department differs from State toState due to functional requirement of the department of therespective States. The recommendations (Annexures A-4 andA-9) of the Director of the Language and Culture wereconsidered and it was decided by the State not to accept thesame. Learned Single Judge accepted the contentions raisedby the State and dismissed the petition.

4. We have heard learned counsels for the parties.

The recommendations made on administrative side bythe Director with respect to the pay-scales are not binding onthe State Government. These are matters of policy of theState. As per the stand of the State, appellant has been

allowed the revised pay-scale of Rs.1800-3200 w.e.f.1.1.1986. The appellant has no vested right to the scale Rs.2000-3500 in absence of non-upgradation of the posts ofResearch Assistant on the analogy of pattern followed in theState of Punjab. Scales followed by the State of Punjab arenot ipso facto applicable to the State of Himachal Pradesh.Structuring of the staffing pattern differs in both the States inview of their different functional requirements. The impugnedjudgment passed by the learned Single Judge is justified anddoes not call for any interference. The instant appeal is,therefore, dismissed.

( Ravi Malimath ) Acting Chief Justice

( Jyotsna Rewal Dua ) Judge

August 23, 2021 (rohit)