IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 9082 of 2008 Decided on : 27.04.2.2011 Prem Chand ..… Petitioner. Versus State of Himachal Pradesh and others …… Respondents Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Lokinder Thakur, Advocate. For the Respondents : Mr. A.K. Bansal, Addl. Advocate General. V.K. Sharma, Judge (Oral) The petition has been filed on the following prayers vide para 7(i) to (iii):- “(i) That the respondents may be directed to take into consideration the period of service of the applicant from 1.5.1985 to 31.5.1989 for the purposes of fixation of pay and grant of other service benefits available under the service rules and to refix his pay from the date of his regularisation in service as a Shastri Teacher and to pay him the arrears of salary resulting therefrom along with interest at the rate of 12% per annum from the date due till the actual date of payment thereof; 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 (ii) That the respondents may be further directed to grant to the applicant prop. increments from the date of his completion of 8 years and 16 years of service as a Shastri Teacher and to release the arrears resulting therefrom along with interest at the rate of 12% per annum from the date due till the actual date of payment thereof; (iii) That the respondents may be further restrained from lowering the pay scale of the applicant from Rs.1640-2925 to Rs.1500-2640, or from making any recoveries on the basis thereof as the condition of possessing TGT qualification could not and should not be imposed upon inservice Shastri Teachers like the applicant.” 2. In reply the respondents have taken the following stand vide para 6(i):- “That in reply to this para it is respectfully submitted that the applicant initially was appointed as Shastri in the pay scale of Rs. 570-1080 with initial start of Rs. 660/- PM (revised to Rs. 1500-2700 w.e.f. 1-1-1986) in the department and continued as such uptill 6-9-1984 in the same capacity. However, services of the applicant stood dispensed with on 7-9-1984 on the joining of regular appointed incumbent in his place. Thereafter, the applicant was appointed as JBT Teacher in the pay scale of Rs.480-880 on adhoc basis in Govt. Primary School Naun under Primary Education Department. The Primary Education Department is under the direct administrative control of Director of 3 Primary Education, Himachal Pradesh, which department is different and distinct from Secondary Education Department. The applicant remained in the capacity of JBT Teacher uptil 31-01-1985. Thereafter, the applicant was again appointed as Shastri on adhoc basis in the replying respondents department w.e.f. 01-02-1985 and continued as such till he was appointed on regular basis and joined on 09-06-1989. The relevant record will be produced for the perusal of this Hon’ble Tribunal during the course of hearing or on the date(s) as directed so. Thus, it is wrong to suggest that applicant continued in the capacity of Shastri till his regularization with the replying respondents. Admittedly, the applicant was appointed on regular basis vide order dated 31-5-1989 (Annexure A/I) in the pay scale of Rs. 1640-40-2000-50-2400-60-2700-75-2925. Be it submitted that the pay scale admissible to various categories in the Education Department were revised on the pattern of Punjab State vide Finance Department notification dated 23rd March, 1989. As per the notification the following pay scales were sanctioned/admissible to the category of Shastri/Language Teachers:- Pre-revised scale Revised scale 570-1080 with three advance increments to Language Teachers and 1640-2925. 1800-3200 Sr. Scale after 8 years. 200-3500 selection grade after 18 years. These scales will be as a 4 Five increments to Shastri. measure personal to the present incumbents and in future Masters (TGT) be appointed as Language Master. It was further clarified by the Govt. vide letter No. Shiksha-II-Kha(4)-3/89 dated 17-12-1991 that the pay scale of Rs. 1640- 2925 shall be admissible to those who were/are appointed on regular basis as Shastri/L.T. with B.Ed. qualification and those are/were without B. Ed. Qualification will be entitled to pay scale of Rs. 1500-2640. Be it submitted that the grant of pay scale on the basis of qualification does not require the employee to be heard before it is released. In the service jurisprudence, there is no such condition/precedent which must be complied with before the pay scale is revised/released. However, it is the prerogative of the employer.” 3. The learned counsel for the petitioner submits at the very outset that the case of the petitioner is covered under judgment dated 08.03.2011, rendered by a Division Bench of this Court in CWP No. 9083 of 2008, titled Chaman Lal Pathania vs. State of Himachal Pradesh and others, text whereof is as under:- “The writ petition is filed with the following prayers: “(i) That the respondents may be directed to take into consideration the period of service of the applicant from 1.5.1985 to 31.5.1989 for the purposes of fixation of pay, grant of other service benefits 5 available under the service rules and to refix his pay from the date of his regularisation in service as a Shastri Teacher and to pay him the arrears of salary resulting therefrom along with interest at the rate of 12% per annum from the date due till the actual date of payment thereof; (ii) That the respondents may be further directed to grant to the applicant prop increments as well as the senior scale of pay from the date of his having completed 8 years and 16 years of service as a Shastri Teacher and to release the arrears resulting therefrom along with interest at the rate of 12% per annum from the date due till the actual date of payment thereof; (iii) That the respondents may be further restrained from lowering the pay scale of the applicant from Rs.1640-2925 to Rs.1500-2640 or from making any recoveries on the basis thereof as the condition of possessing TGT qualification could not and should not be imposed upon inservice Shastri Teachers like the applicant.” 2. It is seen that the very same issue has been considered by the learned Single Judge of this Court in CWP No. 4833/2008. In the said judgment, it has been made clear that any change in the pay scale will be effective only after issuing notice and affording an opportunity for hearing to the petitioner. Therefore, the writ petition is disposed of making it clear that in case any such steps for reduction of pay scale are taken, the petitioner shall be put to notice and afforded an opportunity for hearing and thereafter a speaking order shall be passed.” 6 4. In view of the above, if, on facts, the case of the petitioner is covered under the judgment referred to here-in-above in CWP No. 9083 of 2008 and he is similarly situate, he shall also be treated similarly without any discrimination and benefit of the said judgment shall also be extended to him within three months from the date of production of copy of this judgment by the petitioner. 5. The petition as also pending CMP(s), if any, stand disposed of in the above terms. (V.K. Sharma) Judge 27th April, 2011. Lsp*