IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.4738 of 2008 (OA No.2261/1997) Judgment reserved on : 25.6.2009 Date of decision : 16.7. 2009. Om Parkash & Others …Petitioners. Versus State of H.P. & Others ....Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 Yes For the Petitioners : Mr. B.N.Gupta, Advocate. For Respondents : Mr. R.K.Sharma, Sr. Addl. A.G. with Mr. A.K.Bansal, Addl.A.G. and Mr. R.P.Singh, Asstt. A.G. Kuldip Chand, Judge The Original Application No.2261 of 1997 was filed before the Himachal Pradesh Administrative Tribunal which was lateron abolished and thereafter Original Application No. 2261 of 1997 was transferred to this Court under Himachal Pradesh Administrative Tribunal (transfer of decided and pending cases and applications) Act, 2008 and after transfer, Original Application No. 2261 of 1997 has been registered as CWP (T) No.4738 of 2008. 2. In the beginning 28 persons had filed the petition with the prayer that respondents be directed to grant the pay scale of 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes 2 Rs. 400 – 600 to petitioners w.e.f. 1.1.1980 and subsequent revision of pay scales to the petitioners at par with the Cooks who belong to the same common category. It has also been prayed that respondents be directed to pay arrears of the pay along with all consequential benefits. Lateron 32 more persons filed an application for impleading them as petitioners in the Original Application which was allowed by the erstwhile Tribunal on 2.6.2004. In this way, now 60 persons are the petitioners in the petition. 3. The case of the petitioners is that they are working as Cobblers, Barbers, Washermen, Khalasi, Water Carriers, Mali and Sweepers (Safai Sewak) under the respondents on the basis of their appointments on different dates. It has been alleged that the above posts are available in a large number of departments under the Government of Himachal Pradesh. The Government has fixed the pay scale of Restorer/ Water Carrier, Bhisti, Khalasi, Mochi, Dhobi, Barber, Tailor, Syce, Cook, Jamadar and Ward Servant at Rs. 750 – 1350 after revising it from Rs.300 – 430. The first such notification available with the petitioners is dated 29.3.1989 Annexure A-1 which is applicable to the departments namely Printing and Stationery, Police, Home and Civil Defence, Fire Service, Tribal Development, Tourism and Civil Aviation and Lokayukta. The serial No. 16 of Police Department indicates that the aforesaid categories have been placed in one pay scale. 4. It has been alleged that subsequently pay scales have been revised in which the pay scale of this common category was also revised as one common pay scale. Some Cooks working in the department of Police filed O.A. No. 253 of 1986 titled as Bhagat 3 Ram and another Versus State of Himachal Pradesh and another, which was decided on 13.12.1995 by the erstwhile Tribunal. It was held that Cooks should be granted the pay scale of Rs.400 – 600 w.e.f. 1.1.1980 and they were made entitled for subsequent pay revision also. The category of Cooks was segregated and singled out from common categories mentioned above and they were given better pay scale of Rs.400 – 600 after holding that they do onerous and semi skilled work. It has been alleged that petitioners are similarly situated in so far as their duties are concerned, they are also semi skilled. It is the case of the petitioners while considering the case for the grant of higher pay scale, the other common categories should have also been considered for grant of same pay scale as earlier they were in common pay scale. The petitioners have pleaded that they have been discriminated in violation of Articles 14 and 16 of the Constitution of India. The petitioners had represented that they should be given pay scale of Rs.400 – 600 w.e.f. 1.1.1980 from which date pay scale was given to the Cooks. 5. The petition was contested by respondents on the pleas that no different pay scale has been granted to other Class –IV in the departments holding the same posts (reply of respondents is in 2nd paper book). The O.A. No. 253 of 1986 was filed by Bhagat Ram and another Cooks working in the department for grant of pay scale of Rs.400 – 600 on the analogy of Cooks of other department namely Indira Gandhi Medical College and Hospital and Himachal Pradesh Institute of Public Administration. The Cooks have been designated as Class-III whereas the petitioners are in Class-IV. The petitioners have no cause to be sanctioned the pay scale of 4 Rs. 400 – 600 on the analogy of Cooks inasmuch as the petitioners are holding Class – IV posts. 6. Heard and perused the record. 7. The precise case of the petitioners is that the posts on which petitioners are working and the Cooks were earlier in same scale. Some Cooks had filed Original Application No. 253 of 1986 which was allowed by the erstwhile Tribunal and they were allowed pay scale of Rs. 400 – 600 w.e.f. 1.1.1980, therefore, petitioners are also entitled to the pay scale of Rs. 400 – 600 on the ground that at one point of time the cooks and the posts on which the petitioners are working were given same scale. The stand of the respondents is that posts on which petitioners are working are Class –IV posts and Cooks are Class – III posts and these are two different categories with no similarity of work and, therefore, petitioners cannot seek equation of pay scale with Cooks. 8. In O.A./ T.A. No. 253 of 1986 the case of the petitioners was that they are working in Police Department and were being paid Rs.300 – 430 scale whereas Cooks in Himachal Pradesh Institute of Public Administration and Indira Gandhi Medical College and Hospital are in the pay scale of Rs.400 – 600. The Tribunal in the judgment dated 13.12.1995 has recorded a finding that Cooks in both the departments perform similar work and similar duties and cannot be differentiated in the matter of pay scale and held that petitioners of that case are entitled to the pay scale of Rs. 400 – 600 w.e.f. 1.3.1980. 9. The learned counsel for the petitioners has also relied judgment dated 23.9. 2005 in O.A. No. 2082 of 1997.In that petition, 5 the petitioners were working as Tailor Masters in the Police Department and their case was that they should be given pay scale of Rs.950 – 1800 w.e.f. 1.1.1986 as has been granted to the Tailor Masters in all other Departments of Himachal Pradesh Government. The Tribunal in the judgment dated 23.9.2005 has held that post of Tailor Masters in all the Government Departments are similar, the nature of work being performed by the Tailor Masters in the Police department as well in other departments of Government of Himachal Pradesh are same and similar. The Tribunal allowed the Original Application and held that petitioners of that case are entitled for the pay scale of Rs. 950 – 1800 as revised from time to time. 10. In the present case it is not the case of the petitioners that similar posts in other departments are having the pay scale of Rs.400 – 600 from 1.1.1980 or Rs. 950 – 1800 w.e.f. 1.1.1986. The facts in O.A./T.A. No. 253 of 1986 and O.A. No. 2082 of 1997 were entirely different. In O.A./T.A. No. 253 of 1986, the Tribunal has recorded a finding of fact that the Cooks in the Police Department, Himachal Pradesh Institute of Public Administration and Indira Gandhi Medical College and Hospital perform same and similar work, therefore, Cooks of Police Department are entitled to pay scale of Cooks of Himachal Pradesh Institute of Public Administration and Indira Gandhi Medical College and Hospital. In O.A. No. 2082 of 1997, the Tribunal has again recorded a finding of fact that Tailor Masters in Police Department and other Departments of the Government perform same and similar work,the Tailor Masters in other Departments are getting pay scale of Rs. 950 – 1800, 6 therefore, Tailor Masters of Police Department are also entitled to pay scale of Rs. 950 – 1800. 11. In the present case, there is nothing on record that in the Departments other than the Police Department, the posts of petitioners have been given pay scale of Rs. 400 – 600 w.e.f. 1.1.1980 and Rs. 950 – 1800 w.e.f. 1.1.1986, simply because at one point of time for the purpose of pay scale, the Cooks were equated with the posts on which petitioners are working that does not mean that the petitioners were performing the same and similar type of work. In other departments, Cooks and Tailor Masters were in higher scale, therefore, the Cooks and Tailor Masters of Police Department were equated with the Cooks and Tailor Masters of other departments in view of the similarity of work for the purpose of pay scale by the Tribunal. In addition to this, it is the stand of the respondents that Cooks are in Class – III post, whereas the posts on which the petitioners are working are Class – IV. The petitioners have failed to make out any case of discrimination or violation of Articles 14 and 16 of the Constitution of India. The petition fails and is accordingly dismissed. ( Kuldip Singh ), July 16, 2009, Judge. (GR)