CWP(T) No.6663 of 2008 (OA No. 1573/2000) 29.04.2010 Present: Mr. Onkar Jairath, counsel for the petitioner Mr. R.K. Sharma, Senior Additional Advocate General with Mr. P.M. Negi, Deputy Advocate General for the respondent/State. The learned counsel for the petitioner states that the matter in issue, is squarely covered by the decision rendered by the Division Bench of this Court in CWP No. 151 of 2004 titled as Rattan Lal and others Versus State of H.P. According to him, the facts of this case are same and similar. Copy of the judgment is taken on record. In Rattan Lal supra, the Court has passed the following orders:- “In their reply filed to the original application, copy whereof is Annexure P-15, respondents categorically stated in para-3 that since Punjab Government had not taken any policy decision to grant the further revised pay scale w.e.f. 1.1.1986, the petitioners were not entitled to the said pay scale w.e.f. 1.11986. This reply on behalf of the respondents is indicative of the fact that the Punjab Government taken a decision to give the further revised pay scale w.e.f. 1.1.1986, the respondents would have also granted the same scale to its employees, i.e. the petitioners. No doubt, the Punjab Government took the decision to give this further revised pay scale to its employees w.e.f. 3.11.1989 and so the respondents also released this scale in favour of the petitioners and made it effective only from 3.11.1989 following the Punjab Government Notification, but what the learned tribunal has omitted to take notice is the decision of the Punjab Government which was challenged by the employees of Punjab Roadway by filing a writ petition in the High Court and the High Court directed vide Annexure P-6 that the further revised pay scale be given w.e.f. 1.1.1986, the date from which the Pay Commission’s recommendations had been made applicable in respect of the other employees of the State Government. That means the decision of the Punjab Government stood modified by the judgment of the Punjab and Haryana High Court, copy Annexure P-6, at least in respect of those employees of the Punjab Roadways who had filed the writ petition in which the said judgment was rendered. Therefore, the petitioners on the basis of aforesaid judgment of the Punjab and Haryana High Court, which had the effect of modifying the Punjab Government decision, ought to have been allowed further revised pay scale w.e.f. 1.1.1986 by the State Administrative Tribunal. The learned Tribunal’s order is thus contrary to factual and legal position and is liable to be set aside. Consequently, the writ petition is allowed, impugned order of the learned tribunal is set aside and respondents No. 2 & 3 are ordered to give the further revised pay scale of Rs. 950-1800 with initial start of Rs.1,000/- to the petitioners w.e.f. 1.1.1996. Six mothers’ time is given to respondents No. 2 and 3 to implement this direction. No order as to costs.” The petitioner in the instant case has also prayed for same relief. The facts are similar. As such, instead of 3.11.1989, the petitioner shall be entitled to grant of revised initial pay scale @Rs.1000/- w.e.f. 1.1.1986. With the aforesaid observations, the present petition stands disposed of. (Sanjay Karol) Judge April 29, 2010 *BRB*