IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T)No. 5023 of 2008. Date of decision: 23.11.2010 Ishwar Dass & ors. …. Petitioners Versus H.P.SEB .... Respondent Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioners: Mr.Dilip Sharma, Advocate. For the respondent: Ms.Anjula Khajuria, Advocate vice Mr.Vinod Thakur, Advocate. _____________________________________________________ Deepak Gupta, J.(Oral) The petitioners who at the relevant time were working as Senior Assistants in the Electricity Board claim parity of pay scales with Junior Engineers and Foreman. This parity of pay scale is not claimed on the basis of equal pay for equal work because obviously, the work of Senior Assistant is totally different to that of Junior Engineer or a Foreman but it is claimed only on account of the fact that at one point of time, the pay scale of Senior Assistants earlier designated as Upper Division Clerks was equal to or higher than that of Junior Engineer or Foreman. 2 When Pay Commissions are set up, the idea is to rationalize the pay structure and merely because two people working in two different fields were in the identical scale of pay does not mean that in the revised pay scale, they also have to get the identical pay scale. In fact, the reply of the Board shows that as far as the Upper Division Clerks in the Department of HBSEB are concerned, on 1.9.1971, they were in a lower scale of pay than Junior Engineers and Foremen; w.e.f. 1.1.1978 again they were in a lower pay scale vis-a-vis. Junior Engineers and Foremen and w.e.f. 1.1.1986, the pay scale of Rs.1800-3200 was similar for all the categories but higher scale of Rs.2000-3500 was given to Junior Engineers and Formen within the time bound pay scale. Rejoinder to this reply has been filed and all that has been stated is that prior to 1971, the Accounts Clerks later on renamed as Upper Division Clerks were drawing higher pay scale than the Junior Engineers and Foreman. This by itself cannot give them legal right to claim pay scale equal to that of Foreman/Junior Engineer that too much later in the year 1996. 3 In view of the above discussion, I find no merit in the petition which is accordingly rejected. No orders as to costs. November 23, 2010 ( Deepak Gupta ) (m) Judge