IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos.273/2010-A, 274/2010-A & 275 of 2010 Decided on: 25.11.2011 CWP No.273 of 2010-A Tara Dutt ….. petitioner. Versus State of H.P. and another ….Respondents. CWP No.274 of 2010-A Leela Devi ….. petitioner. Versus State of H.P. and another ….Respondents. CWP No.275 of 2010 Ramesh Chand ….. petitioner. Versus State of H.P. and another ….Respondents. Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioner(s): Mr.Ranjan Sharma, Advocate. For the respondents: Mr.R.K. Bawa, A.G. and Mr. J.K. Verma, Dy. A.G. Justice Kurian Joseph, C.J. (Oral): The petitioners have approached this Court with identical prayers. One set of prayers is extracted below: “i) That action of the respondents in denying the pay scale of Rs.400-600 (corresponding to Rs.950-1800 & 3120-5160) to the petitioner as a Cook w.e.f. the date of his appointment/joining w.e.f. 28.11.1998 and the revised scales of when, given to others vide Annexure P-2 to Annexure P-6 may be held as illegal & discriminatory. ii) That the respondents may be directed to give the pay scale of Rs.400-00 (corresponding to the unrevised scale of Rs.950-1800 & of Rs.3120-5160) w.e.f. the date of appointment/joining as a cook on 28.11.998 & the revised scales thereof with pay fixation benefit & arrears etc. with all consequential benefits forthwith.” 2 2. We find that the erstwhile Tribunal and this Court had occasion to consider the issue leading to several judgments. One such judgment is Annexure P-2 in CWP No.171 of 2004, which was decided on 17.11.2005, wherein it has been held that the incumbents are entitled to pay scale of Rs.400- 600 w.e.f. March, 1980, as revised from time to time. The entitlement for arrears was, however, limited to a period of three years. We also find that the issue in principle has attained finality since the Government has accepted the judgment and has implemented the same, as can be seen from Annexure P-4, order passed by the Principal Secretary (Finance) to the Government of H.P. and Annexure P-6, order passed by the Principal Secretary (Health). We also find from Annexure P-3, order dated 28.2.2006, that the Government had issued a general direction addressed to the Director, Health Services, to implement the pay scale on a notional basis giving the benefit to all the 76 Cooks in the Department. That direction is dated 28.2.2006. Despite such a Government decision and direction to the Directorate, the benefits thereof have not been granted to the petitioners herein, who are the Cooks among the 76 referred to in Annexure P-3. For the purpose of easy reference, we may extract Annexure P-3, order dated 28.2.2006, which reads as follows: “I am directed to refer to your letter No.HFW-H(Legal Cell) CWP -171/04 dated 9.2.2006 on the subject cited above and to state that the advice of the Law Department was obtained on the subject which has been received as per Annexure ‘A’ attached. As per this advice it is clear that payment of arrear is liable to 26 applicants/petitioners only from 3 years back from the date of filing of O.A. However, the pay scales are to be given to the petitioners/applicants and others on a notional basis form 1.3.1980 onwards till date of filing of O.A., whereafter these pay scales are to be released on regular basis notionally to all the 76 Cooks in the Department. You are, therefore, requested to implement the decision accordingly under intimation to this Department immediately.” 3 3. The low paid employees should not have been dragged to this Court. These are ideal cases where exemplary cost should have been imposed on the respondents. However, in view of the persuasive submissions made by the learned Deputy Advocate General, we reluctantly refrain from doing so. However, we do not find any reason not to grant actual monetary benefits to the petitioners at least with effect from the date when the Government has issued a direction to implement the pay scale. 4. Therefore, all these writ petitions are disposed of with a direction to notionally fix the pay scale at Rs.400-600 in the cases of the petitioners w.e.f. 1.3.1980, as revised from time to time. However, all the petitioners and the remaining among the 76 referred to in the Government order dated 28.2.2006, as extracted above, shall be entitled to actual monetary benefits w.e.f. 1.3.2006, the month following Annexure P-3. 5. All the pending applications, if any, also stand disposed of. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja), November 25, 2011 Judge (tilak)