HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 2150/2008 Date of Decision: October 26, 2010 Gulab Singh Verma & Ors. ……. Petitioners Versus State of H.P. & Ors. ….. Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? No For the petitioners : Mr. Surinder Thakur, vice Mr. P.P. Chauhan, Advocate. For the respondents: Mr. R. M. Bisht, Dy. A.G. with Mr. Ramesh Thakur, Asstt. A.G. Sanjay Karol, J. (Oral) According to the learned counsel for the petitioner the matter in issue is squarely covered by the decisions rendered by this Court in CWP(T) No. 13858 of 2008, titled as L. R. Verma versus State of H.P. and others and other connected matters decided on 5.7.2010 and CWP(T) No. 16155 of 2008, titled as Shiv Kumar VS. State of H.P. & Ors. and other connected matters decided on 23.8.2010, a copy of which is taken on record. 2. The instant case is squarely covered by the aforesaid decisions. While granting revised pay scales vide letter dated 16.6.20005, Director, Technical Education had imposed certain conditions. Letter reads as under:- “ The President, H.P. State ITI’s Technical Employees Association, 2 C/o Principal ITI Shimla. Sub.: Grant of revised pay scale of Rs. 1800-3200 w.e.f. 1.1.86 and Rs. 5800-9200 w.e.f. 1.1.96 on Punjab pattern to the Craft Instructors working in Technical Education Department. Reference your letter dated 29.4.2005 demanding thereby the revised pay scale in respect of Craft Instructors on the Punjab pattern about which the matter is also pending in the Hon’ble H.P Administrative Tribunal filed by some members of your Association. The demand of your Association has been duly considered at the Govt. level and the grant of the pay scale has been considered subject to the following:- (i) An undertaking in the form of affidavit by the Association to the effect that the members of Association seeking the revised grade of Punjab pattern shall forgo the arrears on this account. (ii) That the case pending in H.P. Administrative Tribunal shall be withdrawn. You are, therefore, requested to make compliance of aforesaid whereupon the necessary Notification at Govt. level will be issues. Sd/- Director Technical Education Vocational and Industrial Training,Himachal Pradesh Sundernagar” 3. Pursuant to this letter, following letter (Annexure A-15/T) was written by the Director :- “Principal, Industrial Training Institute, Shimla, Distt. Shimla (HP) Subject: Grant of revised pay scale of Rs. 1800-3200 w.e.f. 01.01.86 and 5800-9200 w.e.f. 01.01.96 on Punjab pattern to the Craft Instructors working in Tech. Edu. Deptt. 3 On the above cited subject refer to this office letter of even number 13596-626 dated 27.05.2006 under which requisite affidavits of the concerned instructors have not received in this office as yet. The same are to be forwarded to the government immediately. Therefore, you are again directed to furnish the above information immediately so that can be sent to government. Sd/- Director Technical Education Vocational and Industrial Training, Himachal Pradesh Sundernagar, Mandi” 4. In L.R. Verma (supra) and Shiv Ram (supra) Court has quashed such condition which requires the employees to file an undertaking in the form of affidavit. Hence petition needs to be allowed. Annexure A/15/T qua the petitioners is quashed. Directions issued in the aforesaid cases shall mutatis mutandis apply to the present case also. 5. With the aforesaid observations present petition stands disposed off. ( Sanjay Karol ), Judge. October 26, 2010 (rana)