IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 16143 of 2008 (OA 3236/2007) Date of Decision : May 25, 2010 Sh. Madan Lal Petitioner Versus State of H.P. and another Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Ms. Ranjana Parmar, Advocate, for the petitioner. For the respondents : Mr. R. K. Sharma, Senior Addl. Advocate General with Mr. R. M. Bisht, Dy. Advocate General and Mr. P. M. Negi, Dy. Advocate General, for the respondents/State. Sanjay Karol, J. (Oral) The petitioner was appointed as a Supervisor. In terms of office order dated 28.8.2004 (Annexure A-1), extension for period of one year was granted to him by the Chief Executive Officer of the District Rural Development Agency, Solan. There is no dispute that thereafter petitioner has continued to work as a Supervisor. Petitioner’s salary/emoluments were fixed at Rs. 2670/- per month in terms of office order dated 30.12.2005 (Annexure A-2). The Whether reports of Local Papers may be allowed to see the judgment? 2 Project Officer, DRDA, Solan revised the emoluments of all categories of employees in terms of communication dated 25.7.2007 (Annexure A-3) which reads as under: “No. RDA-8-35/04(MLIP) Meeting District Rural Development Agency, Solan District Solan (HP) 173212 To The Chairman, Milch Livestock Improvement Society, Jaunaji Road, Solan Distt. Solan (HP) Dated: Solan-173212 25 July, 2007. Subject: Emoluments payable to the various category staff appointed on contractual basis. Sir, Please refer to your letter No. MLIS/SOL/2007-193- dated 13 July, 2007 on the above subject, it is inform that as per the notification No: Fin-F(A)-(11)6/06 dated 09 May, 2006 of the Finance Department, H.P. Govt. Shimla, the monthly emoluments of the various category staff appointed on contractual basis are calculated as under:- Sr. No. Category Initial of the pay scale Dearness pay Emoluments per month 1. 2. 3. 4. 5. 1. Enumerators 3120.00 1560.00 4680.00 2. Clerks 3220.00 1610.00 4830.00 3. Drivers 3330.00 1665.00 4995.00 4. Conductor/ Field assistant 2620.00 1310.00 3920.00 5. Peon/Field assistant 2620.00 1310.00 3920.00 6. Pump Operators 3330.00 1665.00 4995.00 7. Supervisors 3220.00 1610.00 4830.00 Yours faithfully, Sd/- Project Officer, DRDA, Solan (HP).” 3 2. Petitioner is only seeking enforcement of this order and payment of wages/emoluments in terms thereof. 3. The respondents/State has opposed the petition primarily on the ground that the notification dated 9.5.2006 (Annexure A-5) issued by the State Government does not have any binding effect on the Milch Livestock Improvement Society, Solan where petitioner and other persons are working. 4. The petitioner’s condition of service/engagement are governed under the instructions issued by the District Rural Development Agency. His employment and extension is also by the said Agency. It being a different matter that under the District Rural Development Agency he may be serving the Society which in any event is also part of the organisation set up of District Rural Development Agency. 5. Be that as it may be, so far communication dated 25.7.2007 (Annexure A-3) has not been withdrawn by any agency. Further it is the petitioner’s grievance that except for Pump Operators and Supervisors the same has been specifically implemented qua all categories of employees. 6. In this view of the matter petition needs to be allowed. Respondent No. 2 is directed to pay all emoluments to the petitioner in terms of communication dated 25.7.2007. The arrears be paid to the petitioner within a period of twelve weeks from the date of receipt of the certified copy of the order, failing which, thereafter he 4 shall be entitled to interest @ 7% per annum. With the aforesaid observations the present petition stands disposed of. (Sanjay Karol), Judge. May 25, 2010 (PK)