IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 544 of 2002. Judgement reserved on: Date of decision: May 5, 2008. Ram Pal & ors. ….. Petitioners. Vs. State of H.P. & anr. …. Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioners: Mr.Rama Kant Sharma, Advocate. For the Respondents : Mr. Rajesh Mandhotra, Deputy Advocate General. Deepak Gupta,, Judge (Oral). This writ petition is directed against the order of the learned H.P. State Administrative Tribunal, dated 12th April, 2001, passed in O.A. No. 777 of 1991, whereby the original application filed by the petitioners herein, has been dismissed. All the petitioners, at the relevant time, were working as Secretaries of different Municipal Committees in Himachal Pradesh. They filed a joint original application before the learned Tribunal praying that the respondents be directed to allow the pay scales of Rs. 2200-3500 to the petitioners w.e.f. January 1, 1986 on the Punjab pattern. The Tribunal rejected this application and hence the present writ petition. Whether the reporters of the local papers may be allowed to see the Judgment? …2… 2. The main argument raised on behalf of the petitioners is that Punjab pattern is being followed in Himachal Pradesh, and, therefore, the pay which is being given to the Secretaries in the State of Punjab should also be paid to the Secretaries of Municipal Committees in the State of Himachal Pradesh. The State in its reply has taken up the plea that posts of Secretaries do not exist in the State of Punjab and there the posts are classified as Executive Officer Class II and Executive Officer Class III. It has further been stated that the population falling under the municipalities in Punjab as well as the number of officers etc. are much higher. The Executive Officers in Punjab discharge more onerous duties and responsibilities and therefore, there is no ground to equate the posts of Secretaries of Municipal Committees in Himachal Pradesh with those of the Executive Officers of Municipal Committees in Punjab. It has further submitted that even prior to 1.1.1986, from which date the petitioners claim this relief, the pay scales of Secretaries in H.P. and Executive Officers in Punjab were different. 3. It would be appropriate to set out the scales prior to revision on 1.1.1986 and post revision both in Himachal Pradesh and in Punjab for the posts of Secretaries and Executive Officers, respectively. In Himachal Pradesh, the scales were as follows: Name of post Pre 1.1.1986 Post 1.1.1986 Secretary i) Rs.700-1200 Rs.1640-2925 Rs.570-1080 Rs.1500-2640 ii) Rs.800-1400 Rs.1800-3200 (SG) (SG) …3… 4. In Punjab the scales were as follows:- Name of post Unrevised prior to Revised since 1986 1986. Executive Officer 910-1580 2200-3500 Class II Executive Officer 850-1400 2100-3200 Class III. 5. It is apparent from the perusal of the above that prior to 1.1.1986, there were three pay scales, i.e. 700-1200, 570-1080 and 800-1400 (special grade) existing in the State of Himachal Pradesh, whereas in Punjab only two pay scales of Rs.910-1580 and Rs.850- 1400 were in existence. All the three scales in Himachal Pradesh were lower to the scales in Punjab and none of them was equal to the scales available to the Executive Officers in Punjab. The learned Tribunal, in our opinion has rightly held that in view of the pay scales existing prior to 1.1.1986, the case of the petitioners that they were entitled to the same pay scales as were payable to the Executive Officers of Punjab is not made out. 6. It was also urged on behalf of the petitioners that the scales of Junior Engineers, who worked under the Secretaries were revised from Rs.700-1200 to Rs.1800-3200 and in some cases the Secretaries are getting lesser pay scales from Junior Engineer also. This is merely an anomaly and it is not for this court to fix the pay scales. The job of fixing the pay sales does not lie with this court. 7. The main ground taken in the petition is that there should be parity of pay scales of Secretaries of Municipal Committee …4… in Punjab and Himachal Pradesh. This parity did not exist prior to 1986 and, therefore, no discrimination is made out if such parity does not exist after the revision of pay scales. We are of the view that the learned Tribunal has rightly held that the petitioners have no right to claim the scales payable to the Executive Officers in Punjab. 8. It would also be pertinent to mention that during the pendency of the writ petition, even in the State of Himachal Pradesh all Secretaries who were getting unrevised special grade of Rs.800- 1400 have been promoted as Executive Officer w.e.f. 1.1.1997 and placed in the higher scale of Rs.2000-3500. 9. There is no error of jurisdiction in the order of the learned Tribunal calling for interference in exercise of our extra ordinary jurisdiction. The petition is, therefore, rejected with no orders as to costs. ( Deepak Gupta ), Judge. May 5, 2008. ( Kuldip Singh ) (Hem) Judge.