IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 3126/2008 (OA 658/96) Date of Decision : March 24, 2009 Nahan Foundry Mazdoor Panchayat (Nahan Foundry) I.P.H. and P.W.D. Workshop, Nahan through its President Shri Ram Singh son of Shri Bal Bahadur House No. 76/1 Cantt. Area, Nahan, District Sirmaur, H.P. Petitioner Versus 1. State of H.P. through Secretary P.W.D. & I.P.H. to the Government of H.P. and others. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Lalit Sehgal, Advocate, for the petitioner. For the respondents : Mr. R. K. Sharma, Sr. Addl. Advocate General with Mr. Vivek Thakur, Addl. A.G. and Mr. Anil Jaswal, Dy. A. G. for the respondents. Sanjay Karol, J. (Oral) In the present petition the petitioner has prayed for the following reliefs:- (i) That Annexure A-5 being illegal, arbitrary, discriminatory and against the law may kindly be quashed and set aside. (ii) That the members of the applicant union may kindly be treated in the integrated cadre of the corresponding categories of employees of PWD & IPH. 1 Whether reports of Local Papers may be allowed to see the judgment? 2 (iii) That the members of the applicant union may kindly be granted equal benefits like promotion, time scale etc. as are being granted to other employers working under the PWD & IPH. (iv) That the respondents be directed to pay the members of the applicant union same and similar pay scales for the same work being performed by the similarly situated employees. Annexure A-5 is the order dated 26.8.1995, wherein the Government has taken a decision that employees of HPPWD/IPH State Workshop at Nahan, H.P. shall constitute a separate cadre. The petitioner is an Association of the employees who are working at Nahan Foundry. No legally enforceably right of the Association stands infringed in terms of the said order. No individual employee has been arrayed as a party to the present petition. Be that as it may be, record shows that the State Government created a separate cadre for those employees who had been working at Nahan Foundry Workshop, at Nahan. Creation of a cadre, being a policy decision, is purely the prerogative of the State. It is settled law that unless and until the policy decision is capricious, arbitrary, whimsical, illegal or irrational Courts would not interfere with the same. The respondent/State has explained that the Government took conscious decision, based on material, to merge the staff of the State Workshop with the PWD/IPH Department of Himachal Pradesh vide letter dated 26.8.1995 and thereafter create a separate cadre for the employees 3 of the State Foundry. There is nothing discriminatory about the same. They constitute a separate class by themselves. The employees of the petitioner association opted for the Himachal Pradesh pay scales. They are getting all monetary benefits such as regular pension, gratuity etc. on their retirement. For the aforesaid reasons I see no merit in the present petition. Same is accordingly dismissed. (Sanjay Karol), Judge. March 24, 2009 (PK)