IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 6744 of 2008. Decided on: 04.08.2010. __________________________________________________________ Savitari Devi and others. … Petitioners. Versus The Vice Chancellor, Himachal Pradesh Krishi Vishva Vidyalaya and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioners : Mr. R.D. Kaundal, Advocate. For the Respondents : Mr. Jagdish Thakur, Advocate vice Mr. N.K. Thakur, Advocate. Rajiv Sharma, J. (Oral): It is not disputed that the original petitioner was senior to Dr. A.S. Saini. However, he was getting less pay vis-à-vis Dr. A.S. Saini. It is settled law by now that a junior cannot draw higher salary than the senior. Their Lordships of Hon’ble Supreme Court in Er. Gurcharan Singh Grewal & Anr. Vs. Punjab State Electricity Board & Ors., 2009(1) Scale 535 have held as under (para 13):- “Something may be said with regard to Mr. Chhabra's submissions about the difference in increment in the scales which the appellant No.1 and Shri Shori are placed, but the same is still contrary to the settled principle of law that a senior cannot be paid lesser salary than his junior. In such circumstances, even if, there was a difference in the incremental benefits in the scale given 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - to the appellant No.1 and the scale given to Shri Shori, such anomaly should not have been allowed to continue and ought to have been rectified so that the pay of the appellant No.1 was also stepped up to that of Shri Shori, as appears to have been done in the case of the appellant No.2.” 2. Accordingly, in view of the observations made hereinabove, the respondents are directed to fix the pay of Dr. P.S. Arya at par with Dr. A.S. Saini with effect from 1st March, 1986 and release the arrears to the petitioners. Needful shall be done within a period of four weeks from today. There will be no order as to costs. (Rajiv Sharma), J. August 04, 2010. (sck).