IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 3810 of 2009 Date of Decision: 4.4.2011. Prem Lal and others …Petitioners Versus. State of H.P. and others … Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the petitioners: Mr. Nimish Gupta, Advocate vice Mr. A.K.Gupta, Advocate. For the Respondents: Mr. Rajesh Mandhotra, Dy. A.G. Deepak Gupta, J.(Oral). 1. By means of this petition the petitioners claim that w.e.f. 1.1.1996 they should have been placed in the pay scale of Rs.2720-4260, which is the pay scale attached to the post of helpers. 2. The undisputed facts are that the petitioners were all working as daily waged workers in the department of Irrigation and Public Health and after 1.1.1996 all of them were promoted as helpers and initially placed in the scale of Rs.770-1410 with initial start of Rs.2620, except for petitioner No.6, who was appointed on 1.1.2000 and was straight way placed in the pay scale of Rs.2520-4140. 2 Revision of the pay scale took place w.e.f. 1.1.1996 and an office order was issued on 1.9.1998. The second schedule of this office order contains the revised scales of pay for common category posts, relevant portion of which reads as under:- “THE SECOND SCHEDULE (See rule 3(b), (g) and rule 4.) Revised scales of pay for common categories/posts as specified hereunder:- Sr. Designation/Name of Existing Revised Remarks. No. Category. Pay scale pay scale (in Rs.) (In Rs.) 1. GENERAL HELPERS AND MAINTENANCE STAFF: 1. Peon, Chowkidar, Frash, Mali 770-1410 Bhishli and Sweepar (with combined 2520-4140 designation, such as, Peon-cum- with initial Chowkidar, Sweeper cum Frash start of etc.) and other Class IV in the Rs.2620/- existing scale mentioned in column 3 except these mentioned at item No.2 and 3 of this serial number. xxx. xxx. xxx…. Xxx…. Xxx….. xxx…. Xxx…. Xxx….. xxx. xxx…. Xxx…. Xxx….. VII SKILLED AND SEMI SKILLED. 1. Helper 800-1455 2720-4260” 3. The case of the petitioners is that they are helpers and doing semi skilled work and therefore, should have been placed in the pay scale of Rs.2720-4260 and not in the scale of Rs.2520-4140. As far as the petitioners 1 to 5 3 are concerned they were all granted work charged status prior to the revision of the pay scales and placed in the pay scale of Rs.770-1410. The respondents alongwith their reply have placed on record the rules relating to the post of helpers in the department of Irrigation and Public Health which shows that there are 781 posts of helpers and these posts were in the pay scale of Rs.770-1410. The office order whereby the pay scale were revised clearly shows that first entry in the second schedule relates to general helpers and maintenance staff which includes a large number of categories which were in the pay scale of Rs.770-1410. All these persons were placed in the revised pay scale of Rs.2520-4140 with initial start of Rs.2620/-. It was only those helpers who were classified as skilled and semi skilled and were already in the pay scale of Rs. 800- 1455 who were granted the pay scale of Rs.2720-4260. 4. The rules provided that the post of helper in the Irrigation and Public Health Department was in the pay scale of Rs.770-1410. In fact, the petitioners have also accepted this situation and right from 1998 when the letter was issued revising the pay scale till 2009. For 11 long years they accepted pay in the pay scale of Rs.2520-4140 without any demur or objection till they filed this petition. This also indicates that they were helpers as categorized in 4 category-1 of Second Schedule. Therefore, the petitioners were rightly granted pay scale of Rs.2520-4140. There is no merit in the petition which is accordingly dismissed. No order as to costs. 4th April, 2011. ( Deepak Gupta ) ™ Judge.