IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 2270 of 2008. Decided on: 03.03.2009. Pardeep Kumar. … … … Petitioner. Versus The State of H.P. … … … Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner: Mr. Dilip Sharma, Advocate. For the Respondents: Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Additional A. G. and Mr. Vikas Rathore, Deputy Advocate General. Rajiv Sharma, Judge (Oral): Two posts of Additional Superintendents of Police were created vide notification dated 24th July, 1980 in the pay-scale of Rs.1775-2200/-. Thereafter the proposal was mooted out for creation of 7 posts of Additional Superintendents of Police for Kullu, Hamirpur, Una, Chamba, Solan, Sirmaur and Bilaspur. However, the State Government instead of creating 7 posts of Additional Superintendents of Police had created four Whether reporters of local papers may be allowed to see the judgment? No. - 2 - temporary posts of Additional Superintendents of Police in the cadre of H.P. Police Service in the pay scale of Rs.940-1850 on 7th July, 1984. Five incumbents were appointed as Additional Superintendents of Police vide letter dated 10th July, 1984. Two more incumbents S/Shri Onkar Chand and Roshan Lal Sood were appointed Additional Superintendents of Police vide letter Annexure S-5 on 14th November, 1984. However, vide notification dated 1st January, 1985 the Governor, Himachal Pradesh was pleased to order inclusion of the posts of Police Welfare Officer, Shimla, Principal P.T.C., Junga and Additional Superintendents of Police, Shimla, Mandi and Dharamshala temporarily in the cadre of H.P. Police Service as appended to Rule 3 read with clause (f) to Rule 2 of the Himachal Pradesh Police Service Rules, 1973 in the pay scale of Rs.940- 1850 instead of Rs.1775-2200. The Recruitment and Promotion Rules were further amended on 14th March, 1985 whereby seven posts of Additional Superintendents of Police were included in Appendix “A”. The petitioner was posted as Additional Superintendent of Police on 1st February, 1986 vide Annexure S-VIII. It is also evident from Annexure S- 9 that the incumbents who were holding the post of Additional Superintendent of Police were required to pass departmental examination. Mr. Dilip Sharma has strenuously argued that Shri S.P. Kaushal and Shri O.C. Thakur, similarly situate persons were also granted the pay-scale of Rs.1775-2200. The same was arbitrarily withdrawn from them. They assailed this decision before the learned H.P. State Administrative Tribunal by way of T.A. No. 96 of 1987. The same was allowed on 10.1.1992 and the pay-scale was restored to them. The - 3 - petitioner also approached the learned Tribunal to seek relief on the analogy of the orders passed by the learned Tribunal in T.A. No. 96 of 1987 by way of O.A. No.1492 of 1993. The representation was rejected by the Additional Chief Secretary on 17th November, 1993. Shri R.L. Sood was also granted the pre-revised scale of Rs.1775-2200 even though amendment had already been made in the Recruitment and Promotion Rules, which is evident from notification dated 26th June, 1987. The learned Senior Additional Advocate General has strenuously argued that the petitioner’s case is not comparable with the cases of O.C. Thakur and S.P. S Kaushal. His precise submission is that these incumbents were promoted before the amendment was carried out in the Recruitment and Promotion Rules. However, the fact of the matter is that Shri R.L. Sood has been granted the pre-revised scale of Rs.1775-2200 even after the amendment was carried out in the Rules. It is a case where the State Government itself has created two posts of Additional Superintendents of Police in the higher pay-scale of Rs.1775-2200. The incumbents were promoted and appointed as Additional Superintendents of Police and they were granted higher pay- scale of Rs.1775-2200. The State Government had accorded sanction for creation of seven posts of Additional Superintendents of Police. However, instead of granting the pay-scale of Rs.1775-2200 (un-revised) to these incumbents, the pay-scale was reduced without there being any justification to Rs.940-1850. This pay-scale of Rs.940-1850 (un-revised) was payable to the persons who were holding the post of Deputy Superintendents of Police. The post of Additional Superintendent of Police is definitely higher vis-à-vis the post of Deputy Superintendent of - 4 - Police. The incumbents holding the post of Additional Superintendents of Police were also required to pass departmental examination. The persons appointed as Additional Superintendents of Police were discharging duties of higher responsibility vis-à-vis the Deputy Superintendents of Police. Since the petitioner has also been appointed on the post of Additional Superintendent of Police, he was also required to be granted the pay-scale of Rs.1775-2200 (un-revised) and not the pay-scale of Rs.940-1850. The action of the respondents to deny the petitioner pay-scale of Rs.1775-2200 is arbitrary. The similarly situate persons had already been granted the pay-scale of Rs.1775-2200. The petitioner could not be discriminated against by the State. His case was also required to be decided on the anology of Shri S.P. Kaushal, Shri O.C. Thakur and Shri R.L. Sood. The State cannot treat the equals as un-equals. Accordingly, the writ petition is allowed. Annexure A-4, dated 17th November, 1993 is quashed and set aside. The respondents are directed to release the pay-scale of Rs.1775-2200 to the petitioner from due date within a period of eight weeks from the receipt of the certified copy of the judgment. There shall, however, be no order as to costs. March 03, 2009. (Rajiv Sharma) (sck). Judge.