IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No. 11551 of 2008. Reserved on: 12.08.2011. Decided on : 30.08.2011. _____________________________________________________ Ishwari Devi and others. …Petitioners. -Versus- State of Himachal Pradesh and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioners : Mr. J.P. Upadhaya, Advocate. For the respondents : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Original petitioner, namely, Khazan Singh (hereinafter referred to as “the petitioner” for convenience sake) was appointed as J.B.T. teacher on 27.04.1959. He died during the pendency of this petition and his L.Rs./legal representatives were brought on record. He was placed in the pay scale of JST status after improving his qualification, i.e., BA-1 w.e.f. 30.06.1964. He was promoted subsequently to the post of T.G.T. on 26.07.1967 in the same pay scale, i.e., `220-500/-. His pay was increased to `228/- and `236/- p.m. on 26.07.1968 and 26.07.1969. One Prem Singh, who was appointed as J.B.T. teacher on 02.11.1961, was promoted to the post of T.G.T. on 26.07.1970 in the pay scale of `236/- and his basic pay was fixed at `252/- p.m. by giving him the benefit of FR-22 C. Petitioner was not given the benefit of FR- 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - 22 C read with order No. 10 appended below FR-22C. Petitioner served a legal notice on the respondent on 03.09.2003. The representation made by the petitioner was rejected on 11.06.2004 by the Deputy Director (Secondary), Mandi, i.e., respondent No. 3. According to the contents of Annexure A/1, dated 11.06.2004, Shri Prem Singh was given higher PGT pay scale w.e.f. 01.11.1973 on the basis of instructions issued on 21.09.1999. The Court is of the considered view that the matter ought to have been decided by respondent No. 4 and not by the Deputy Director of Education as per Annexure A-1, since it was a question of anomaly which has arisen due to the fact that the junior has started drawing higher salary than the senior. The matter should have been decided by respondent No 4. 2. Mr. Vikas Rathore, learned Deputy Advocate General has vehemently argued that the present petition is barred by delay and laches. However, in M.R. Gupta Vs. Union of India and others 1995 Supreme Court Cases (L&S) 1273 their Lordships of the Hon’ble Supreme Court have held that such a grievance like the one raised by the petitioner is a continuing wrong giving rise to a recurring cause of action every month on the occasion of payment of salary. 3. It is evident that the petitioner was appointed as J.B.T. teacher on 27.04.1959. He was placed in the pay scale of JST status after improving his qualification, i.e., BA-1 w.e.f. 30.06.1964. He was promoted to the post of T.G.T. on 26.07.1967. Shri Prem Singh was appointed as J.B.T. teacher on 02.11.1961and was promoted to the post of T.G.T. on 26.07.1970. - 3 - 4. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexure A-1, dated 11.06.2004 is quashed and set aside. Respondent No. 4 is directed to consider the case of the petitioner for fixation of pay at par with Shri Prem Singh, T.G.T., who was junior to the petitioner, within a period of eight weeks from the date of production of a certified copy of this judgment by the petitioner. The pending application(s), if any, also stand disposed of. (Rajiv Sharma) Judge August 30 2011. (bhupender) - 4 - `