IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 6141 of 2008 Date of decision: 09.11.2010 _________________________________________________________ Sharad Singh Rana. .....Petitioner. Versus The State of H.P. & another. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. __________________________________________________________ For the petitioner: Mr. Dilip Sharma, Advocate. For the respondents: Mr. Anil Jaswal, Deputy Advocate General. V.K. Sharma, J (Oral). The petition has been filed for grant of the following reliefs vide para 7(i) and (ii): “7(i) That impugned notification dated November 12, 1993, Annexure A-11, prescribing the lower pay scale of 1500-2640/- to the post of Draftsmen (Civil) may kindly be quashed and set aside. 7(ii) that applicant may be held entitled to the pay scale of 1800-3200 prescribed for the post of Draftsman in Technical Education Department vide notification July 17, 1989 at Annexure A-9, read with notification dated January 23, 1991, at Annexure A-10 and consequently he may be held entitled to the pay scale of 1800-3200 w.e.f. June 28, 1991 and the further revision of pay scale of Rs. 5800-9200 w.e.f. 1.1.1996, with all consequential benefits including arrears of salary on account of revised pay scale.” 2. In the reply filed on behalf of respondents, the following 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... stand has been taken vide preliminary submission and para 6(4): “The post of Draftsmen Mechanical Engineering was created by the Punjab Government vide letter No. 1259-7CB-60/3398 dated 26.2.1960, in the pay scale of Rs. 200-450/- for Junior Technical School, Kangra. The same was up-graded as Senior Draftsmen Mechanical Engineering, vide Notification No. Fin(C)B(7)9/79- dated 17.10.1981, in the pay scale of Rs. 700-1200/- w.e.f. 17.10.1981. The same pay scale was revised to Rs. 1800-3200/- (Annexure R-I). Shri Dinesh Kumar Bhandari was recommended by the Himachal Pradesh, Public Service Commission for the post of Senior Draftsmen Mechanical Engg., in the pay scale of Rs. 700-1200/- who was subsequently posted at Junior Technical School Kangra, where the post was existing. Presently incumbent of this post Shri Dinesh Kumar Bhandari has been given the pay scale of Rs. 1800-3200/- and the same was further revised to Rs. 5800-9200/-.” “6(4) Admitted to the extent that the applicant was offered the post of Draftsmen Civil Engineering in the pay scale of Rs. 570-1080/- (revised Rs. 1500-2640/- w.e.f. on the recommendation of) the Himachal Pradesh, Public Service Commission, whereas the post at Junior Technical School/Polytechnic, Kangra was that of Senior Draftsmen Mechanical Engineering and carried the pay scale of Rs. 700-1200/-, which was revised Rs. 1800-3200/- w.e.f. 1.1.1986 and presently Rs. 5800-9200/-. The qualification for the post of Senior Draftsmen mechanical Engg., IInd Class Diploma in Mechanical Engineering or equivalent qualifications from a recognised University/Institution with one year's drawing officer experience. Whereas for the post of Draftsmen Civil Engineering, the requisite qualification was IInd Class, Diploma in Civil Engineering, with no experience hence the same.” 3. The controversy raised in this petition falls within a narrow compass. In the Department of Technical Education, Government of Himachal Pradesh, the post of Draftsman has been designated in two categories, i.e., Draftsmen (Civil) and Draftsmen ...3... (Mechanical Engineering). In the earlier rules different qualifications were provided for these posts. However, later on, the rules were amended and qualifications were brought at par, vide Notification dated 1st August, 1980, Annexure A-8. When the qualifications were different, the pay-scales were also different. However, even after amendment of rules bringing the qualifications at par, the pay-scales have been allowed to remain the same, meaning thereby that disparity in the pay-scales was allowed to continue. This aspect of the matter on the face of it appears to be discriminatory in nature. In a like matter this Court has held in Rameshwar Thakur and others. vs. State of H.P. & others, Latest HLJ 2009(HP) 1466, that such disparity/anomaly/discrimination cannot be allowed to stand judicial scrutiny on the ground that even as per Punjab scales, which are followed in the State of Himachal Pradesh the scales for the aforesaid two posts are different. Para 8 of the judgment being relevant is extracted below: “In case there is any disparity/ anomaly/ discrimination ex-facie present in the pay scales then the State Government is required to redress the same at the earliest. In the present case also since the pay scale of Rs. 1200-2100 has been released to the Book-Binders working in the Departments of Agriculture and Printing and Stationery, there was no occasion to reject the case of the petitioner on 19.9.1994. The petitioners are discharging the same duties which are being discharged by their counter- parts in other departments and are entitled to the same pay scale on the principle of “equal pay equal work”. The employer cannot discriminate while granting the pay scales to the similarly situate persons. There are no cogent reasons assigned why the petitioners could not be granted the pay scale of Rs. 1200-2100 with effect from 8.2.1989. The decision of the respondent-State not to grant pay scale of Rs.1200-2100 with effect from 8.2.1989 on the basis of letter dated 19.9.1994 is arbitrary.” ...4... 4. It is not the case of the respondents that two sets of Draftsmen, as above, are discharging different duties under the present rules which provide for similar qualifications for these posts. 5. In view of the above, I am more than satisfied that the petitioner who was appointed after coming into operation of the new rules, is entitled for the relief prayed for. Accordingly, the petition is allowed and consequently the respondents are directed to pay the same pay-scale to the petitioner as Draftsmen (Civil) as is being paid to the similarly situate Draftsmen (Mechanical Engineering), i.e., pay- scale of Rs. 1800-3200/- w.e.f. the date of his initial appointment, i.e., 28th June, 1991, with further revision from time to time till date. In order to avoid multiplicity of litigation, it is further directed that the benefit of this judgment shall also accrue to similarly situate Draftsmen (Civil) working in the respondent-department. 6. This judgment shall be implemented by the respondents within three months from production of a copy thereof by the petitioner within one month from today, failing which interest @ 7.5 per cent shall also be payable. Consequential financial benefits, if any, shall also be payable within the same time. 7. In view of the above, the petition stands disposed of. (V.K. Sharma) Judge 9th November, 2010 (virender)