IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 6010 of 2008. Decided on: 16.06.2010. Suresh Kumar Verma and another. …Petitioner. -Versus- State of Himachal Pradesh and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1Yes. __________________________________________________________ For the petitioner. : Ms. Archana Dutt, Advocate. For the respondents : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioners were working as Artist-Cum-Photographers in the respondent-department. The pay scale of Rs.700-1200/- was paid to one Shri Om Parkash Taneja. Shri Bimal Krishan Sharma, who was also working as Artist-Cum-Photographer, approached the learned Himachal Pradesh Administrative Tribunal by way of T.A. No. 720 of 1986, seeking parity in the pay scale at par with Shri Om Parkash Taneja. The T.A. No. 720 of 1986 was allowed by the learned Tribunal on 6th December, 1991. The operative portion of the judgment reads thus: “5. In view of the law laid down by the apex Court we are of the view that the revision in the pay scale of the petitioner should also be made keeping in view the pay scale and allowances enjoyed by 1 Whether the reporters of the local papers may be allowed to see the judgment? Yes. - 2 - respondent No. 3 as Artist-Cum-Photographer working in Indira Gandhi Medical College (under Health and Family Welfare Department Himachal Pradesh) in the same category and such revision of pay scale be made with effect from February 1, 1968; Feburuary 1, 1971 and January 1, 1978 when the respondent No. 3 was given revised scales of Rs.120- 250/-, Rs.300-600/- and Rs. 700-1200/- respectively. The petitioner is also entitled to the revised pay scales as referred to above in view of the Directive Principles of the State policy as contained in Art. 39(d) of the Constitution “equal pay for equal work”, which has assumed the status of fundamental right in service jurisprudence having regard to the constitutional mandate of equality in Arts. 14 and 16 of the Constitution as held by the Division Bench consisting of Hon’ble Mr. Justice K.N. Singh (now the Chief Justice) and Hon’ble Mr. Justice N.D. Ojha in Grih Kalyan Kendra Workers’ Union versus Union of India and others AIR 1991 SC 1173. 6. In view of above the writ petition is allowed and respondents 1 and 2 are directed to grant the petitioner the revised pay scales as granted to respondent No. 3 from time to time and ultimately the pay scale of Rs.700-1200 with effect from January 1, 1978. However, no costs are awarded in view of the peculiar circumstances of the case.” 2. Mr. R.P. Singh, learned Assistant Advocate General has strenuously argued that the facts of Bimal Krishan Sharma’s case were different. However, fact of the matter is that the petitioners and Shri Bimal Krishan Sharma were working in the same department as Artist-Cum-Photographers. The name of Shri Bimal Krishan Sharma figures at Sr. No. 1 of the seniority list of Artist-Cum-Photographer (Annexure–PA), as it stood on - 3 - 31.12.1988. The name of Shri Om Prakash Taneja figures at Sr. No. 2 and the names of petitioners No. 1 and 2 figure at Sr. No. 3 and 8, respectively. Since the petitioners were also working as Artist-Cum-Photographers in the same department, they were also entitled to the pay scale which has been paid earlier to Shri Om Prakash Taneja and Shri Bimal Krishan Sharma on the basis of the judgment rendered by the learned Tribunal in T.A. No. 720 of 1986 on 6th December, 1991. 3. Accordingly, the writ petition is allowed. Annexure P- N, dated 19.08.1998 is quashed and set aside. The respondents are directed to consider the case of the petitioners on the analogy of Bimal Krishan Sharma for releasing them the pay scale of Rs.700-1200/- w.e.f. 1.1.1978 and 20.5.1983 with all consequential benefits. The needful shall be done within a period of ten weeks from today. No costs. (Rajiv Sharma) Judge June 16, 2010. (bhupender) - 4 -