IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 2637 of 2008. Decided on: 22.4.2009. ___________________________________________________________ Shri Bansi Lal … Petitioner. Versus The State of Himachal Pradesh and another. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Dilip Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. and Mr. Rajinder Dogra, Addl. A.G.. ___________________________________________________________ Rajiv Sharma, Judge. The petitioner was initially appointed as Laboratory Technician on 25.2.1978. He was sent on training course at Snowdon Hospital, Shimla vide letter dated 21.2.1981. He was posted in Regional Ayurvedic Hospital, Boundary, Shimla vide letter dated 2.8.1982 after the completion of training. It appears that the petitioner was allocated to the Department of Ayurveda and he was granted pay scale of Rs. 510-940 with effect from 2.8.1982 on 22.3.1983. This pay scale was granted to the petitioner on the basis of Annexure A-12 dated 27.6.1980. The Commissioner-cum- Secretary (Finance) issued notification on 23.7.1990, whereby the pay scale of Rs. 510-940 was revised to Rs. 1350-2400 with effect from 7.2.1986 in the Department of Ayurveda. However, vide notification dated 3.4.1991 in the Department of Health and Family Welfare, the pay scale of Senior Laboratory Technician was revised 1 Whether reporters of the local papers may be allowed to see the judgment? 2 from Rs. 510-940 to Rs. 1410-2460. He filed original application before the learned H.P. Administrative Tribunal. The learned Tribunal directed the application to be treated as representation by the Commissioner-cum-Secretary (Health). He dismissed the same on 2.2.1995. Mr. Dilip Sharma, Advocate has strenuously argued that the petitioner was granted pay scale of Rs. 510-940 vide Annexure A-5 dated 22.3.1983 after he had undergone the training in the year 1982. He has relied upon Annexure A-12 dated 27.6.1980 and Annexure A-6 dated 3.4.1991. Mr. Dilip Sharma finally argued that his client was entitled to pay scale of Rs. 1410- 2460 instead of Rs. 1350-2400. The learned Senior Additional Advocate General has supported the decision of the State Government whereby the petitioner has been granted pay scale of Rs. 1350-2400 instead of Rs. 1410-2460. I have heard the parties and perused the record carefully. The petitioner was appointed as Laboratory Technician. He has undergone training in the year 1981-82. A bare perusal of Annexure A-12 dated 27.6.1980 shows that nomenclature of the post of Laboratory Technician was changed to the Senior Laboratory Technician in the pay scale of Rs. 510-940. The petitioner was appointed in the Health & Family Welfare Department. He was granted pay scale of Rs. 510-940 with effect from 2.8.1982. He was allocated to the Directorate of Ayurveda. In the Health & Family Welfare Department as per notification dated 3 23.4.1991, the pay scale of Senior Laboratory Technician was revised from existing scale of Rs. 510-940 to Rs. 1410-2460. However, in the Department of Ayurveda, the pay scale of Rs. 510- 940 was revised to Rs. 1350-2400. It is in these circumstances that the petitioner was affected. His representation has been rejected by the Commissioner-cum-Secretary (Health) vide Annexure A-11 on 2.2.1995. The pay scale of the petitioner could not be reduced on the basis of Annexure R-2 dated 23.7.1990. The plea of the learned Senior Additional Advocate General that this has been done on the basis of Punjab pattern cannot be accepted. In the present case, the nomenclature of the post of Laboratory Technician was changed to Senior Laboratory Technician in the year 1980. The petitioner was also holding the post of Senior Laboratory Technician on the basis of Annexure A-12 dated 27.6.1980. He was granted, as noticed above, pay scale of Rs. 510-940 by the Director (Ayurveda) himself on 11.3.1983. The Department of Ayurveda and Health & Family Welfare Department are working under the same employer. The petitioner could not be discriminated against by the respondents for the purpose of pay scale to his detriment after his allocation from Health & Family Welfare Department to Ayurveda Department. In the Department of Health & Family Welfare, the pay scale was revised from 510- 940 to Rs. 1410-2460. The pay scale of the petitioner was required to be revised from Rs. 510-940 to Rs. 1410-2460. In fact, the case of the petitioner is also covered under the principle of “equal pay for equal work”. The petitioner had obtained the same training which has been undergone by the similarly situate persons working as 4 Senior Laboratory Technicians in the Department of Health & Family Welfare. He is discharging the same duties which are being discharged by his counter-parts in the Department of Health & Family Welfare. The Commissioner-cum-Secretary (Health) has not correctly decided the representation on 2.2.1995. In fact, the respondents have over-looked Annexure A-12 dated 27.6.1980 whereby the nomenclature of the post of Laboratory Technician was changed to Senior Laboratory Technician. The petitioner was also working as Senior Laboratory Technician on the basis of this notification. In fact, in the notification dated 23.7.1990, the post at serial number 10 should have been designated as Senior Laboratory Technician instead of Laboratory Technician. The petitioner had come to the Department of Ayurveda as Senior Laboratory Technician and there was no requirement as averred in the reply to change the designation at the time of bifurcation in the month of February, 1985. The respondents could not unilaterally change the terms and conditions of the petitioner’s employment while he was working in the Department of Health and Family Welfare to his detriment in February, 1985. He was entitled to get all the benefits including the pay scale and to continue to draw the same even when he was transferred/allocated to the Department of Ayurveda. Accordingly, the writ petition is allowed. The action of the respondents of granting the petitioner pay scale of Rs. 1350- 2400 instead of Rs. 1410-2460 vide Annexure R-2 dated 23.7.1990 is declared Arbitrary. Annexure A-11 dated 2.2.1995 is quashed 5 and set aside. The respondents are directed to release the petitioner pay scale of Rs. 1410-2460 with effect from 23.7.1990 with all consequential benefits with interest @ 9% per annum. The needful be done within a period of eight weeks. No costs. (Rajiv Sharma), J. April 22, 2009. (cr)