IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 5166 of 2008 (OA No. 1299 of 1998) Date of decision: 3.6.2010 Karma Nand & others ….. Petitioners. Vs. State of H.P. and others …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioners : Mr. Dhruv Shaunak, Advocate vice Mr. B.C. Negi, Advocate. For the Respondents : Mr. P.K. Sharma, Addl. Advocate General with Mrs. Shubh Mahajan, Deputy Advocate General. Kuldip Singh, Judge (Oral) The OA No.1297 of 1998 was filed in the Himachal Pradesh Administrative Tribunal and after abolition of the Tribunal the OA was transferred to this Court and was registered as CWP (T) No.5166 of 2008. 2. The brief facts of the case are that petitioners (twelve in numbers) had been working as Laboratory Assistants under the respondents in various Govt. Schools in District Sirmaur. The petitioners are under matriculate and were initially appointed in the pay scale of Rs.325-495 which was revised to Rs.810-1440 w.e.f. 1.1.1986, Whether the reporters of the local papers may be allowed to see the Judgment?Yes …2… further revised to Rs.2720-4100 w.e.f. 1.1.1996. The further case of the petitioners is that similarly situated Laboratory Attendants who are performing the same and similar duties are being paid pay scale of Rs.3120-5100. The petitioners are claiming pay scale of Rs.3120- 5100 and in support of their claim they have submitted that the erstwhile Tribunal had earlier allowed the original application of similarly situated Laboratory Attendants and granted them the pay scale of Rs.3120-5100. The petitioners have ultimately prayed for a direction to respondents to grant the petitioners pay scale of Rs.3120- 5100 from the date the same was being paid to Laboratory Attendants (Matriculate) with arrears. 3. The respondents have filed reply. It has been submitted that petitioners are non-matriculate Laboratory Attendants and are entitled to the pay scale of Rs.2720-4100 and not to the pay scale of Rs.3120-5100. It has been submitted that in State of Himachal Pradesh, in the matter of granting of pay scales, recommendations of Punjab Govt. are followed by and large to its employees. In Punjab, pay scale of Rs.3120-5100 is admissible to those of Laboratory Attendants who are matriculate and pay scale of Rs.2720-4100 is given to non-matriculate Laboratory Attendants. It has been submitted that in view of this, nothing has been done in deviation and making departure from Punjab pattern. The respondents themselves have stated that the Tribunal in OA No.1567 of 1997, titled Babu Ram Sharma and others vs. State of Himachal Pradesh and another decided on 19.11.1998 has allowed the Original Application and issued directions to the respondent-State to extend the benefit of equal pay scale to both …3… matriculate and non-matriculate without making any discrimination on the basis of educational qualifications. The respondents have further taken the plea that in CWP No.172 of 1999 the judgment of Tribunal in TA No.668/86 has been challenged. This is factually not correct. In CWP No.172 of 1999 the judgment dated 19.11.1998 in OA No.1567/97 was challenged. It has further been submitted in the reply by the respondents that the High Court had stayed the operation of order dated 19.11.1998 in OA No.1567/97. 4. I have heard the learned counsel for the parties. The point involved in the petition is in very narrow compass. The Tribunal had rejected the contention of respondents for different pay scale to Laboratory Attendants on the basis of their qualifications. The decision dated 19.11.1998 in OA No.1567/97 of the erstwhile Tribunal was assailed by respondents by way of CWP No.172 of 1999 which has been decided on 4.7.2000. The Division Bench in the judgment dated 4.7.2000 has noticed the contention of the respondents that the pay scale granted to the Laboratory Attendants on the basis of their qualifications is just and proper. The Division Bench did not accept the contention raised by respondents and dismissed the CWP No.172 of 1999 and thereby upheld the judgment dated 19.11.1998 passed by erstwhile Tribunal in OA No.1567/97. In view of judgment dated 4.7.2000, there is no merit in the contention of respondents that non- matriculate Laboratory Attendants are not entitled to pay scale of Rs.3120-5100. 5. No other point was urged. …4… 6. The result of the above discussion, the petition is allowed. The respondents are directed to grant pay scale of Rs.3120-5100 to petitioners from the date same was granted to Laboratory Attendants (matriculate) with all consequential reliefs. The petition stands disposed of. June 3, 2010 ( Kuldip Singh ) (sks) Judge.