IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No.32 of 2010. Decided on: December 13, 2011 1. State of Himachal Pradesh, through Secretary (Technical Education) to the Government of Himachal Pradesh, Shimla. 2. Director, Technical Education, Vocational and Industrial Training, Himachal Pradesh, Sundernagar. …….Applicants / Defendants. Versus 1. Sh.Vijay Kumar Nayar, S/O Sh.Mohan Lal Nayyar, R/O Mohalla Bangottu, Chamba Town, Distt. Chamba, Retd. P.T.I., Technical Education. 2. Sh.Rafiq Mohammed, S/O Sh.Fazal Hussain, R/O Mohalla Sapri, Chamba Town, Distt. Chamba, Retd.P.T.I. Technical Education. 3. Sh.Yog Raj Sharma at present Physical Training Instructor G.P. Rohru, District Shimla, H.P. ……..Respondents / Defendants. LETTERS PATENT APPEAL UNDER CLAUSE 10 OF THE LETTERS PATENTS OF HON’BLE COURT OF JUDICATURE AT LAHORE. Coram The Hon’ble Mr.Justice R.B.Misra, Judge. The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for reporting? For the Appellants: Mr.R.K.Sharma, Senior Additional Advocate General with Mr.Rajinder Dogra, Additional Avdocate General. For the Respondents: Mr.Dilip Sharma, Advocate. - 2 - R.B.Misra, Judge (oral). The present appeal has arisen in reference to CWP(T) No.2864 of 2008 (Vijay Nayar and others Versus State of H.P. and another), whereby the learned Single Judge vide above impugned judgment dated 19.6.2009 has allowed the claim of the writ petitioners, directing the State by granting them the pay scale of `1640-2925 w.e.f. 1.1.1986, as was being paid to Assistant Physical Training Supervisors/Diploma Holders in the Physical Education. 2. In order to adjudicate the present LPA, it is necessary to give the factual background of the case. The respondents / writ petitioners were appointed as Physical Training Instructors in Government Polytechnics, in the pay scale of `220-500, revised to `620-1200 w.e.f. 1.1.1978 and thereafter, revised to the scale of `1500-2640 w.e.f. 1.1.1986. The minimum essential qualification prescribed for filling up the post of Physical Training Instructors is graduate with diploma/degree in Physical education from recognized University/Institution. The writ petitioners were having same qualification and were appointed in the same pay scale of `220-500 as Assistant Physical Training Supervisors/Diploma Holders of Physical Education. The writ petitioners were discharging the same duties as has been discharged by Assistant Physical Training Supervisors/Diploma Holders in - 3 - Physical Education. However, while revising the pay scale in the year, 1989, the writ petitioners were discriminated and were put in lower pay scale of `1500-2640 instead of `1640- 2925. 3. Learned Single Judge after scrutiny of the records and after going through the pleadings of the parties, has rightly arrived at the finding that writ petitioners were in possession of same educational qualifications and since were discharging the same duties, as such, their claim for `1640- 2925 is legally correct. There is no occasion on our part to take a different view. Therefore, we are of the considered view that the writ petitioners are entitled to the same pay scale of `1640-2925 w.e.f. 1.1.1986, as such, the impugned judgment dated 19.6.2009 requires no interference. The LPA is accordingly dismissed. (R.B.Misra) Judge (Sanjay Karol) December 13, 2011 Judge (Purohit)