IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.1302/2001 Reserved on.17.3.2008 Decided on.1.4.2008 Prem Singh and another. …Petitioners. Versus State of H.P. and another. …Respondents Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting ?1. No. For the petitioners : Mr. Rajnish Maniktala, Advocate. For the respondents : Mr. R.M. Bisht, Deputy Advocate General. Rajiv Sharma, J. A challenge has been by way of this petition to the order dated 2.8.2001 passed by the learned Himachal Pradesh Administrative Tribunal in OA No. 1472/1996. The brief facts necessary for the adjudication of this petition are that the petitioners were appointed as Senior Clerks in Himachal Pradesh Electrical Inspectorate and were promoted to the post of Junior Auditors in the pay scale of Rs. 1500-2600 on 4th September, 1989. The un-revised pay scale of Junior Auditors was Rs. 570-1080, which was subsequently revised to Rs. 1500-2600 with effect from 1st January, 1986 as per the provisions of the Himachal Pradesh Civil Service (Revised Pay) Rules, 1988. The State Government issued a notification dated 12th September, 1991 whereby the pay scales of the post of Junior Auditors in the various 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 departments were revised. The Junior Auditors were also allowed the pay scale of Rs. 1800-3200 after putting in 5 years of service as Junior Auditors and in that eventuality they were to be designated as Auditors. The pay scale of Junior Auditors in two departments i.e. Local Audit and Food & Supplies were revised from Rs. 570-1080 to Rs. 1800-3200 vide notifications dated 8th September, 1995 and 28th October, 1995. They were granted the pay scale of Rs. 1800-3200 with effect from 1st January, 1986 and the arrears were also paid to them. The petitioners made representations to the higher authorities seeking pay scale of Rs. 1800- 3200 on the analogy of the pay revision of the post of Junior Auditors in the departments of Local Audit and Food & Civil Supplies. The office of Chief Electrical Inspectorate had also intimated the Government of Himachal Pradesh that in the office of Punjab Electrical Inspectorate, the pay scale of Rs. 1800-3200 has been granted to the Auditors and Senior Auditors with effect from 1st January, 1986. The grievance of the petitioners was not redressed by the respondent-State. They approached the learned Himachal Pradesh Administrative Tribunal by way of OA No.1472/1996 seeking following reliefs: “(i) That the respondents may be directed to release the revised pay scale of Rs. 1800-3200 to the applicants (w.e.f.4.9.89 the date on which applicants were promoted as Junior Auditors) with all consequential benefits. (ii) That the respondents may be directed to release the arrears of salary due and permissible to the applicants on account of the release of revised pay scale of Rs. 1800-3200 w.e.f. 1.1.86. They may also be held entitled to interest @ 18% per annum on the arrears of salary.” The learned Himachal Pradesh Administrative Tribunal dismissed the original application on 2.8.2001. 3 Mr. Rajnish Maniktala, Advocate had strenuously argued that his clients are entitled to pay scale of Rs.1800-3200 with effect from 1.1.1986 at par with the Junior Auditors working in the Local Audit and Food & Civil Supplies Departments. He also contended that in the Punjab, the Auditors in the Punjab Electrical Inspectorate had been granted the pay scale of Rs. 1800-3200. He further contended that his clients are discharging the same and similar duties which are being discharged by their counter-parts in the Local Audit and Food & Civil Supplies Departments. Mr. R.M. Bisht, the Deputy Advocate General had supported the order dated 2.8.2001 passed by the learned Himachal Pradesh Administrative Tribunal We have heard the learned counsel for the parties and have perused the record carefully. What emerges from the facts enumerated hereinabove is that the petitioners had been promoted to the post of Junior Auditors on 4th September, 1989 in the pay scale of Rs. 1500-2600. This pay scale has been allowed to the petitioners on the basis of the Himachal Pradesh Civil Services (Revised Pay) Rules, 1988. The Government had issued a notification dated 12th September, 1991 whereby while revising the pay scale of Junior Auditors from Rs. 570-1080 to 1500-2600, the Junior Auditors were allowed the pay scale of Rs. 1800-3200, who had put in 5 years service as Junior Auditors and thereafter they were to be designated as Auditors. The anchor-sheet of Mr. Rajnish Maniktala, Advocate submissions is that the State Government had recommended the pay scale of Rs. 1800-3200 to the Junior Auditors in the Departments of Local Audit and Food & Civil Supplies. It is evident from these two notifications dated 8th September, 1995 and 28th October, 1995 that the pay scales of the Junior 4 Auditors working in the Local Audit and Food & Civil Supplies Departments had been revised from 570-1080 to 1800-3200. The learned Deputy Advocate General has submitted that the pay scales are granted to the employees of the State of Himachal Pradesh on the Punjab pattern. He has further submitted that the Punjab Government had only revised the pay scales of Junior Auditors in the Local Audit and Food & Civil Supplies Departments and as far as the other departments are concerned, no revision has taken place and the incumbents working as Junior Auditors are getting the pay scale of Rs. 1500-2600. The Punjab Government had allowed the pay scale of Rs. 1800- 3200 to the Auditors working in the office of Chief Electrical Inspectorate taking into consideration their Recruitment and Promotion Rules. In Himachal Pradesh the post of Junior Auditor is filled in by promotion from amongst the clerical cadre with at least 5 years regular service or regular combined with continuous ad hoc service whereas in the adjoining State of Punjab, the post of Auditor is filled in by promotion from Assistant or Stenographer with 5 years of service. The minimum qualification prescribed in the Recruitment and Promotion Rules for the post of Auditors in the State of Punjab is B.Com. from recognized a University. Moreover, the post of Junior Auditor is not available in the State of Punjab and it is only the post of Auditor which has been created in the State of Punjab in the pay scale of Rs. 1800-3200. We are of the considered opinion that the pay scale of Rs. 1800- 3200 has been granted to the Junior Auditors in the Departments of Local Audit and Food & Civil Supplies strictly as per the Punjab pattern. The petitioners have not placed any material on record to suggest that any other department in the State of Himachal Pradesh or in the adjoining State of Punjab has granted the pay scale of Rs. 1800-3200 to the Junior 5 Auditors. What pay scale has to be paid to an employee is a policy matter. The State has taken a policy decision to follow the Punjab pattern. In the present case also it is evident that the Punjab pattern has been followed strictly by the State of Himachal Pradesh by granting the pay scale of Rs. 1800-3200 only to the Junior Auditors in those departments where it has been revised in the State of Punjab also. The mode of recruitment to the post of Junior Auditors vis-à-vis Auditors in the office Chief Electrical Inspectorate in the State of Punjab is different. The petitioners cannot claim any parity with them. There is no violation of Article 14 of the Constitution of India. The principles of “equal pay for equal work” cannot be invoked by the petitioners in this case. The State of Himachal Pradesh is strictly following the Punjab pattern. The petitioners have also not substantiated the exact nature of their duties vis-à-vis the duties discharged by their counter-parts in departments i.e. Local Audit and Food & Civil Supplies. The plea of “equal pay for equal work” is required to be established like any other fact. The mere designation and nomenclature of the post is not sufficient to come to a conclusion that they are also discharging the same and similar duties. The Punjab Government might have taken the decision to grant higher pay scale of Rs. 1800-3200 to the Auditors in two departments taking into consideration their responsibilities. Consequently, there is no merit in the writ petition and the same is dismissed with no order as to costs. ( Rajiv Sharma), Judge. (Deepak Gupta), Judge. 1.4.2008 *Awasthi*