IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. No. 151 of 2004 Date of decision: 17.11.2008 Rattan Lal and others Petitioners Vs. The State of Himachal Pradesh and others Respondents Coram: The Hon’ble Mr. Justice R. B.Misra, Judge. The Hon’ble Mr. Justice Surjit Singh, Judge Whether approved for reporting?1 For the Petitioners: Mr. Lalit Sharma, Advocate. For the respondent No. 1: Mr. Mr. P.K.Sharma, Additional Advocate General. For respondents No. 2 & 3: Mr. H.S.Rawat, Advocate Per Surjit Singh,J.(Oral) Writ petitioners have sought judicial review of order dated 5.3.2003 passed by the erstwhile H.P. State Administrative Tribunal, whereby original application moved by the petitioners seeking revised pay scale of Rs. 950-1800 with initial start of Rs.1,000/- w.e.f. 1.1.1986 instead of 3.11.1989 from which date the said pay scale has been made effective by the respondents, stands dismissed. 2. Admitted facts are like this. Petitioners had been working as Assistant Fitters, Assistant Turners, Assistant Technicians, Assistant Painters, Assistant Welders etc. in the pre-revised scale of Rs. 400-600 in the Himachal Road Transport Corporation (in short HRTC), Managing Director and 1 Whether reporter of local papers is allowed to see the judgment? Yes. 2 Manager Technical of which are impleaded as respondents No. 2 and 3. Pay scales of employees of HRTC are on Punjab pattern. Punjab Government revised the pay scales of the Assistant Fitters, Assistant Painters etc. working in transport department vide Notification dated 3rd November, 1989 (Annexure P-2). These persons were granted pay scale of Rs. 950-1800. Following this Notification (Annexure P-2) of Punjab Government, HRTC, i.e. the employer of the petitioners also revised the pay scales of its employees vide Notification dated 5th June, 1989 (Annexure P3-A) and the petitioners were also granted the pay scales of Rs. 950-1800. The Punjab Government further revised the pay scales to Rs. 950-1800 with initial start of Rs. 1,000/- in respect of the aforesaid categories of its employees vide Notification dated 3rd May, 1991 (Annexure P-4) and made this further revision effective from 3rd November, 1989. The HRTC also issued Notification Annexure P-5 accordingly. The Punjab Government employees demanded this further revision of pay scale to Rs. 1200-2100 w.e.f. 1.1.1986, from the date on which the pay scales of Punjab Government employees had been revised on the basis of Punjab 3rd Pay Commission i.e. 1.1.1986. The government did not accede to their demand. So they filed a writ petition in the High Court of Punjab and Haryana which came to be allowed in their favour vide order Annexure P-6. SLP was filed against the aforesaid order of High Court which was dismissed by the Supreme Court vide Annexure P-6A. The order is dated 21st April, 1997. The petitioners filed original application in the 3 year 1999 seeking parity with their counterparts in Punjab Roadways, based on the judgment of the Punjab and Haryana High Court (Annexure P-6), as affirmed by the Supreme Court vide order Annexure P6-A. Tribunal has dismissed the original application holding that the petitioners are not entitled to parity in pay scales with their counterparts in Punjab Roadways because their claim is not based on infringement of any Constitutional or legal right. 3. We have heard the learned counsel for the petitioners as also learned counsel for the H.R.T.C. 4. In their reply filed to the original application, copy whereof is Annexure P-15, respondents categorically stated in para 3 that since Punjab Government had not taken any policy decision to grant the further revised pay scale w.e.f. 1.1.1986, the petitioners were not entitled to the said pay scale w.e.f. 1.1.1986. This reply on behalf of the respondents is indicative of the fact that had the Punjab Government taken a decision to give the further revised pay scale w.e.f. 1.1.1986, the respondents would have also granted the same scale to its employees, i.e. the petitioners. No doubt, the Punjab Government took the decision to give this further revised pay scale to its employees w.e.f. 3.11.1989 and so the respondents also released this scale in favour of the petitioners and made it effective only from 3.11.1989 following the Punjab Government Notification, but what the learned tribunal has omitted to take notice is the decision of the Punjab Government which was challenged by the employees of Punjab 4 Roadways by filing a writ petition in the High Court and the High Court directed vide Annexure P-6 that the further revised pay scale be given w.e.f. 1.1.1986, the date from which the Pay Commission’s recommendations had been made applicable in respect of the other employees of the State Government. That means the decision of the Punjab Government stood modified by the judgment of the Punjab and Haryana High Court, copy Annexure P-6, at least in respect of those employees of the Punjab Roadways who had filed the writ petition in which the said judgment was rendered. Therefore, the petitioners, on the basis of the aforesaid judgment of the Punjab and Haryana High Court, which had the effect of modifying the Punjab Government decision, ought to have been allowed further revised pay scale w.e.f. 1.1.1986 by the State Administrative Tribunal. The learned Tribunal’s order is thus contrary to factual and legal position and is liable to be set aside. Consequently, the writ petition is allowed, impugned order of the learned tribunal is set aside and respondents No. 2 & 3 are ordered to give the further revised pay scale of Rs. 950-1800 with initial start of Rs.1,000/- to the petitioners w.e.f. 1.1.1986. Six months’ time is given to respondents No. 2 and 3 to implement this direction. No order as to costs. ( R. B. Misra ), J. November 17, 2008(K) ( Surjit Singh ), J.