IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition (T) No. 7658 of 2008 Judgement reserved on: 29.11.2010. Date of decision: 30.11.2010. Surjit Singh & ors. …..Petitioners. Vs. State of H.P. & ors. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioners : Ms. Archana Dutt, Advocate. For the Respondents : Ms. Ruma Kaushik, Addl. Advocate General. Kuldip Singh, Judge. The petitioners have prayed that respondents may be directed to pay to the petitioners scale of Rs. 800-1455 from the date of their appointments and the revised pay scale of Rs. 2720-4260 w.e.f. 1.1.1996 together with arrears and interest at the rate of 18% per annum with all consequential benefits. 2. The case of the petitioners is that they were engaged as Helpers in the Irrigations and Public Health , Sub Division Nalagarh under respondent No. 3. The petitioners had already served more than ten years as daily wagers and thereafter they were regularized. At the time of regularization, the petitioners were given the pay scale of Rs. 770-1410 w.e.f. 1.1.1995. Now the scale has been revised to Rs. 2620-4160. The grievance of the petitioners is that scale granted Whether the reporters of the local papers may be allowed to see the Judgment? …2… to them is not in accordance with the rules and instructions. On 1.9.1998 the H.P. Civil Services (Revised Pay) Rules have been amended. As per amended rules, the pay scales of different categories including the category of petitioners stand revised w.e.f. 1.1.1996. As per clause (vii) of notification dated 1.9.1998, the pay scale of the petitioners has been revised to Rs. 2720-4260, but the petitioners have not been given either pre-revised or revised pay scale as per H.P. Civil Services (Revised Pay) (First Amendment), Rules, 1998 which is wrong, illegal and arbitrary. 3. The petition has been contested by the respondents by filing reply. It has been stated that petitioners have been appointed as Helpers (non- skilled) in the department as Class IV in the pre- revised pay scale of Rs. 770-1410. This appointment was accepted by the petitioners and they continued to draw the said pay scale. The government of Himachal Pradesh has revised the pay scale of work- charged employees w.e.f. 1.1.1996 vide notification 1.9.1998, according to which, general Helpers and maintenance staff, who were in the pre-revised pay scale of Rs. 770-1410 have been granted the pay scale of Rs. 2520-4140 with initial start of Rs. 2620. The petitioners are claiming the pay scale of skilled and semi-skilled Helpers, which does not exist in the Irrigation and Public Health Department. The petitioners are not entitled to any relief claimed by them in the petition. It has been denied that petitioners were given the pay scale of Rs. 770-1410 wrongly. The respondents have prayed for dismissal of the petition. …3… 4. I have heard the learned counsel for the parties. The petitioners are claiming pay scale of Rs. 800-1455 revised to Rs. 2720-4260 instead of pay scale of Rs. 770-1410, which according to petitioners was revised to Rs. 2620-4160 but according to respondents it was revised to Rs. 2520-4140. The Annexure PA is the office order pertaining to petitioner No. 2 Ramji Dass appointing him on temporary post of work-charge Helper w.e.f. 1.1.1995 in the pay scale of Rs. 770-1410. The learned counsel for the petitioners has stated that other petitioners have also been given similar appointment letters. The second schedule of notification dated 1.9.1998 indicates that general Helpers and maintenance staff pay scale of Rs. 770-1410 has been revised to Rs. 2520-4140 with initial start of Rs. 2620. In this very notification, the skilled and semi-skilled Helpers who were in the pay scale of Rs. 800-1455 have been given the revised pay scale of Rs. 2720-4260. 5. According to respondents, the Helpers in the notification dated 1.9.1998 come in the category of general Helpers and maintenance staff. The general Helpers according to respondents are nothing but Helpers and their pay scale of Rs. 770-1410 has been revised to Rs. 2520-4140 with initial start of Rs.2620. The skilled and semi-skilled Helpers pay scale of Rs. 800-1455 has been revised to Rs. 2720-4260. The petitioners have not established that they are skilled and semi-skilled Helpers. In the second schedule to notification dated 1.9.1998, the general Helpers have been separated from skilled and semi-skilled Helpers for purposes of pay scale. The second schedule further indicates that the general Helpers were in …4… the pay scale of Rs. 770-1410, whereas the skilled and semi skilled Helpers were in the pay scale of Rs. 800-1455 and after revision of pay scale, the general Helpers have been given the pay scale of Rs. 2520-4140 with initial start of Rs. 2620, whereas the skilled and semi skilled Helpers have been given the pay scale of Rs. 2720-4260. 6. The distinction between general Helpers and skilled and semi-skilled Helpers is clear as per notification. The general Helpers is a separate class in comparison to skilled and semi-skilled Helpers which is also a separate class. The petitioners have not established that general Helpers and skilled and semi-skilled Helpers constitute one class. Once the classes of general Helpers and that of skilled and semi-skilled Helpers are separate, then general Helpers as a matter of right cannot claim pay scale of skilled and semi-skilled Helpers. The petitioners are also aware of this distinction. They accepted the pay scale of Rs. 770-1410 revised to Rs. 2520-4140 which was given to general Helpers vide notification dated 1.9.1998. The present petition was filed on 7.4.2001 after about two and half years of the notification dated 1.9.1998. The petitioners have failed to make out a case in their favour. 7. No other point was urged. 8. The result of above discussion, the petition fails and is accordingly dismissed. Pending application(s) if any, are also disposed of. November 30 , 2010. ( Kuldip Singh ), (Hem) Judge.