13.3.2009 Present: Mr. A. K. Gupta, Advocate, for the petitioner. Mr. R.K. Sharma, Sr. Addl. AG with Mr. Vivek Thakur, Addl. A.G. for the respondents. CWP(T) No. 3397/2008(OA No. 1025/96) Mr. A.K. Gupta, learned counsel for the petitioner fairly submits that his client would be content if the Government were to take a decision, if not already taken, on Annexure-P2. Annexure-P2 is a letter dated 2.8.1995 written by the Director, Public Relations, Himachal Pradesh, Shimla to the Commissioner-cum-Secretary, Public Relation, Himachal Pradesh, pointing out certain anomalies in the pay scale of technical officers. Even though the State has clarified in its reply the reason of withdrawing certain pay scales given to the officers in the Public Relations Department but, however, it is not clear as to whether the said communication was considered and decided by the State. The fixation of pay scale is a policy decision and prerogative of the State Government. The Courts cannot interfere unless the policy is illegal, arbitrary or capricious. The Apex Court in M.P. Rural Agriculture Extension Officers Association versus State of M.P. and another, (2004) 4 SCC 646, has held that two different pay scales can be provided in the same cadre (Rural Agriculture Extension Officers) on the basis of educational qualification (graduates and non-graduates) -2- even if nature of work is the same and posts are interchangeable. In this view of the matter no further orders can be passed save and except that the respondent/State may consider deciding the issue as pointed out in terms of letter dated 2.8.1995. The decision, if not already taken, be taken within a period of three months from today. Needless to add the decision shall be notified to the petitioner. With the aforesaid observations the petition stands disposed of. (Sanjay Karol), Judge. March 13, 2009 (PK)