IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 3036/2008 Decided on:26.7.2010 _____________________________________________ Balbir Singh. …Petitioner. Versus State of Himachal Pradesh and another. …Respondents. ______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioner :Mr. Bhuvnesh Sharma, Advocate. For the Respondents: Mr. R.P. Singh, Asstt. Advocate General for respondent No.1. Mr. Dilip Sharma, Advocate for respondent No.2. ___________________________________________________ Rajiv Sharma, Judge (oral). Petitioner was appointed as Boiler Chargeman in the respondent-Corporation on 18.1.1984. He was initially placed in the pay scale of Rs. 570-1080, which was subsequently revised to Rs. 700-1200. Thereafter petitioner and similarly situate persons were placed in the pay scale of Rs. 1640-2925. However, the respondent-Corporation has decided to revise the pay scale of the categories of Marketing Assistant, Security Officer, Junior Engineer etc. to Rs. 2000-3500 from Rs. 1640- 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 2925. However, the petitioner though similarly situate was left out. Case of the petitioner, in a nutshell, is that he has been discriminated against by the respondent-corporation by not granting him the revised pay scale of Rs. 2000-3500 on the analogy of Marketing Assistant, Security Officer and, Junior Engineer. Mr. Dilip Sharma has vehemently argued that it is the prerogative of the employer to grant a particular pay scale to a particular category. It is true that it is the prerogative of the employer to grant a particular pay scale to its employees, however, it is equally settled that while taking decision to grant a particular pay scale, the same must be based on rationality and reasonableness. In the instant case it is not in dispute that the petitioner was placed in the pay scale of Rs. 700-1200, however, the same was not further revised at par with the Marketing Assistant, Security Officer and Junior Engineer. There was further revision of the pay scale of Marketing Assistant, Security Officer and Junior Engineer to Rs. 2000-3500 from Rs. 1640- 2925. It is an invidious discrimination. It is not denied by Mr. Dilip Sharma that initially the petitioner was in the pay scale of Rs. 700-1200 and the post of petitioner was treated equal to the post of Marketing Assistant, Security Officer and Junior Engineer and in these circumstances at the time of revision of pay scale, there could not be any deviation. There is also violation of the provisions of Article 14 and 16 of the Constitution of India. 3 Accordingly, the present petition is allowed. The respondent-Corporation is directed to consider the case of the petitioner for the grant of pay scale of Rs. 2000-3500 from the due date with all the consequential benefits. Needful be done within a period of one month after the production of certified copy of this judgment. (Rajiv Sharma), Judge. 26.7.2010 *awasthi*