IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 23rd DAY OF AUGUST 2021 BEFORE HON’BLE MR. JUSTICE RAVI MALIMATH, ACTING CHIEF JUSTICE & HON’BLE MS. JUSTICE JYOTSNA REWAL DUA LETTERS PATENT APPEAL No. 36 of 2009 Between:- SHRI LAXMI SINGH CHAUHAN, S/O SHRI RAI SINGH CHAUHAN, R/O VILLAGE RAM NAGAR, P.O. PRAUNTHI, TEHSIL JUBBAL, DISTT. SHIMLA, HP. …..APPELLANT (BY SH. RAJIV RAI, ADVOCATE) AND 1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (LANGUAGES AND CULTURE), HIMACHAL PRADESH, SHIMLA-9. 2. STATE OF HIMACHAL PRADESH, THROUGH SECRETARY (FINANCE) TO THE GOVERNMENT OF HIMACHAL PRADESH SHIMLA-2 .....RESPONDENTS (BY SH. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. RANJAN SHARMA, MR. VIKAS RATHORE, ADDITIONAL ADVOCATES GENERAL AND MS. SEEMA SHARMA, DEPUTY ADVOCATE GENERAL) ____________________________________________________ 2 This appeal coming on for orders this day, Hon’ble Ms. Justice Jyotsna Rewal Dua, delivered the following: J U D G M E N T This appeal was dismissed in default vide order dated 26.09.2012 due to non-appearance of the learned counsel for the appellant. On 19.10.2012/02.12.2012, CMP No.60044/2013 was filed for recalling the order dated 26.09.2012 and for restoration of the appeal to its original position. It is surprising that for about nine years thereafter no mention was made for taking up the aforesaid application. The application is therefore liable to be dismissed on this very ground. However, to meet the ends of justice, we have gone through the merits of the matter as well. 2. The appellant had filed the Original Application with the following prayer:- “That the respondents may very kindly be directed to give effect to the proposals submitted by the Director, Language & Culture to the respondent No.1 on 19.1.1993 and 22.8.95 at Annexures A-4 & A-9 respectively and place the Research Assistants in the pay scales of 2000- 3500 by upgrading and re-designating the post of Research Assistants as Research Officer in parity with the Punjab pattern.” 3 3. The appellant was seeking parity in the pay-scale based on revision of pay-scale of the employees of Language and Culture Department State of Punjab on the basis of annexures A-4 and A-9 issued by the Director Language and Culture Department Himachal Pradesh. The respondents-State submitted that on revision of pay-scale, the appellant alongwith others were allowed the revised Pay-Scale of Rs.1800-3200 w.e.f. 1.1.1986. Post of Research Assistant was not upgraded/re-designated in State of Himachal Pradesh keeping in view the limited functional requirement of the department as compared to the State of Punjab. Staffing pattern in the department differs from State to State due to functional requirement of the department of the respective States. The recommendations (Annexures A-4 and A-9) of the Director of the Language and Culture were considered and it was decided by the State not to accept the same. Learned Single Judge accepted the contentions raised by the State and dismissed the petition. 4. We have heard learned counsels for the parties. The recommendations made on administrative side by the Director with respect to the pay-scales are not binding on the State Government. These are matters of policy of the State. As per the stand of the State, appellant has been 4 allowed the revised pay-scale of Rs.1800-3200 w.e.f. 1.1.1986. The appellant has no vested right to the scale Rs. 2000-3500 in absence of non-upgradation of the posts of Research Assistant on the analogy of pattern followed in the State of Punjab. Scales followed by the State of Punjab are not ipso facto applicable to the State of Himachal Pradesh. Structuring of the staffing pattern differs in both the States in view of their different functional requirements. The impugned judgment passed by the learned Single Judge is justified and does not call for any interference. The instant appeal is, therefore, dismissed. ( Ravi Malimath ) Acting Chief Justice ( Jyotsna Rewal Dua ) Judge August 23, 2021 (rohit)