IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 302 of 2010 Decided on 13.7.2011. State of H.P and others ….. Appellants. Vs. Durga Dass Thakur ……. Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting? No. For the appellants Mr. R.K. Bawa Advocate General with Mr. Ankush Dass Sood, Addl. A.G and Mr. J.K. Verma, Dy. A.G. For the respondent Mr. Satyan Vaidya, Advocate. Justice V.K. Sharma, Judge (oral). Judgment dated 4.8.2009, passed by a learned Single Judge of this court in CWP(T) No. 4908 of 2008, Durga Dass Thakur vs. State of Himachal Pradesh and another, operative part whereof is extracted below, is under challenge in the present Letters Patent Appeal:- “Accordingly, the petition is allowed. Annexure A-16 dated 1.9.1997 is quashed and set aside. The respondents are directed to consider the case of the petitioner for the grant of higher pay scale of Rs. 3000-4500 and Rs. 3700-5300 at par with the Medical Officers Grade-II from the due date within a period of six weeks from today. It is made clear that the petitioner shall be entitled to arrears of salary 2 along with interest @ 9% per annum. No costs.” 2. Along with the reply to the application under Section 5 of the Limitation Act, seeking condonation of delay in filing the present appeal, which has since been allowed vide orders dated 5.7.2011, passed in CMP(M) No. 1464 of 2010, the respondent-writ petitioner has filed copy of order dated 29.9.2010, Annexure R-1, text whereof is as follows and it is stated that the impugned judgment dated 4.8.2009, has since been partially implemented and higher pay scale of Rs. 3000-4500 and Rs.3700-5300, has since been granted to him:- “In compliance to the judgment passed by the Hon’ble High Court on 4.9.09 in CWP(T) No. 4908/2008 filed by Sh. Durga Dass Thakur Retired District Family Planning Officer, Shimla and in pursuance to approval conveyed vide Govt. letter per further approval conveyed vide Govt. letter No. Health-E(3)40/98 dt: 27.8.2010 and Health- E(3)40/08 dated 17.9.2010 the pay of Sh. D.D. Thakur, Retired DFPO is hereby fixed as under:- 1. Date of appointment 21.8.1970 2. Date of completion of 8 yrs 21.8.1978 Services and placed in the pay scale of Rs.3000-4500 applicable w.e.f. 1.1.1986. 3. Pay fixed on 1.1.1986 Rs. 3000/- 1.1.1987 Rs.3100/- 3 1.1.1988 Rs.3200/- 4. Placed in the higher pay Rs.3700/- Scale fo Rs. 3700-5300 w.e.f 21.8.1988 after completion of 18 years of services. 5. Pay as on 1.8.1989 Rs.3800/- 1.8.1990 Rs.3900/- 1.8.1991 Rs.4000/- 1.8.1992 Rs.4125/- 1.8.1993 Rs.4250/- 1.8.1994 Rs.4375/- 1.8.1995 Rs.4550/- 6. On revision of pay scale, pay fixed in the revised pay scale of Rs.12000-16350 w.e.f. 1.1.1996. Pay as on 1.1.1996 Rs. 12375/- 7. Pay as on 1.8.1996 Rs.12750/- 8. Date of retirement 30.6.1997 Note: As per Finance Department Office Memorandum No. Fin(PR)B(7)-2/2001, 15.1.2002 and as per judgment passed by the Hon’ble Supreme Court in case of Jaidev Gupta Vs. State of Himachal Pradesh, reported in AIR 1998 SC, 2819, that the arrears/back wages should be restricted for a period of three years only.” 3. Consequently, a sum of Rs. 58,464/- has been remitted to the respondent-writ petitioner through a Demand Draft sent vide letter dated 2.11.2010, Annexure R-2 and he has acknowledged receipt of the same vide 4 receipt of even date, a copy of which has been brought on record. 4. Insofar as payment of the higher pay scale of Rs.3000-4500 and 3700-5300 and the consequent pay fixation as on 1.8.1995 is concerned, the respondent-writ petitioner has also admitted the same. However, according to him on revision of pay scales w.e.f 1.1.1996, his pay is liable to be fixed at Rs. 14300/- after completion of 14 years of service in the grade of Rs. 14300- 18150/- and not Rs.12000-16350/-, as has been fixed vide office order dated 29.9.2010, Annexure R-1. To this extent the contention raised by the respondent-writ petitioner appears to be genuine and justified keeping in view the revised pay scales in respect of H.P. Health Services Class-I (Generalist), effective from 1.1.1996, a copy of which has been made available by the respondent-writ petitioner at the time of hearing, which is as under:- Sl. No. Designation/ Name of Category Existing Pay Scale (In Rupees) Revised Pay Scale (In Rupees) Remarks 1. 2. 3. 4. 5. 3. H.P. Health Services Class-I (Generalist) 2200-4000 3000-4500 (After 8 years regular service) 3700-5300 (After 18 years regular service) 7880-13500 with a start of Rs.8000/- 10025-15100 (After 4 years regular service in the entry scale) 12000-15500 5 (After 9 years of regular service in the entry scale). 14300-18150 (After 14 years of regular service in the entry scale.) 5. In view of the above, consequent upon fixation of pay of the respondent-writ petitioner as on 1.8.1995 at Rs. 4550/-, on revision of pay scales w.e.f 1.1.1996, his pay is liable to be fixed in the revised pay scale of Rs.14300-18150/-, in stead of Rs.12000-16350/-. 6. On perusal of the records it is evident that the petitioner had not made any prayer for grant of interest on the consequential benefits arising out of the impugned judgment dated 4.8.2009. Thus, he is not entitled for any past or pendente lite interest, meaning thereby that interest shall be payable only from the date of the impugned judgment, i.e 4.8.2009. 7. The appeal is accordingly disposed of subject to the above modifications. (Justice Kurian Joseph), Chief Justice (Justice V.K. Sharma) Judge. July 13, 2011(lsp)