IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 3081/08 (OA 504/96) Date of Decision : March 27, 2009 Sh. J. K. Gupta and others Petitioners Versus State of Himachal Pradesh through Secretary (Education) to the Govt. of H.P. and another. Respondent Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioners : Mr. Vikrant Thakur, vice counsel for Mr. K.D.Shreedhar, Advocate, for the petitioners. For the respondents : Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A.G. and Mr. Anil Jaswal, Dy. A.G. for the respondents. Sanjay Karol, J. (Oral) The petitioners pray for the following reliefs: “(i) That the respondents may be directed to release the revised pay scale of Rs. 700-1580 with effect from 1.1.78 to all the applicants. Respondents may further be directed to give consequential benefits including arrears of pay scale and further revision accordingly within a specified time. (ii) That the respondents may be directed to produce the entire record of the case for the perusal of this Hon’ble 1 Whether reports of Local Papers may be allowed to see the judgment? 2 Tribunal and any other order which this Hon’ble Tribunal deems just and proper in the facts and circumstances of the case stated hereinabove may kindly be passed in favour of applicants and against the respondents.” Petitioners were employed with the State Government as Lecturers. They have secured Ist and IInd Divisions in M.A. The post of Lecturer (School Cadre) is filled up in accordance with the H.P. Education Department Class III (School and Inspector Cadre) Rules, 1973. The posts are filled up by direct recruitment and promotion in equal proportion. The pay scale for the Lecturers who secured Ist and IInd division was fixed at Rs. 300 – 600 and those who secured IIIrd division was fixed at Rs. 250 – 550. The petitioners herein are all Ist and IInd divisioners and were accordingly, on their appointment given the pay scale of Rs. 300-600. With effect from 1.1.1978 the petitioners’ pay scale was revised to Rs. 700 – 1300 whereas it ought to have been Rs. 700 – 1580. The pay scale was revised as per Government Notification (Annexure A-3). It is an admitted position that one Lecturer approached the Court praying that his pay scale be revised to Rs. 700 – 1580 instead of Rs. 700 – 1300. The erstwhile Himachal Pradesh Administrative Tribunal, vide orders dated 8.1.1992 passed in T.A No. 83 of 1987 titled as Ram Parkash versus State of H.P. directed the respondents to fix the revised pay scale of Rs. 700 – 1580 with effect from 1.1.1978. The matter was taken to the Supreme Court 3 by the State but however Special Leave Petition No. 14345-47/92 titled as State of H.P. versus Ram Parkash was dismissed in terms of order dated 10.11.1994. The matter did not rest there and said Sh. Ram Parkash filed a contempt petition No. 33 of 1995 and the Tribunal directed the respondents not only to comply with the order but also pay interest at the rate of 12%. This is evident from order dated 1.11.1995 passed in Contempt Petition No. 33 of 1995 (Annexure A-7). The stand now taken by the respondent is that pay scale of all the Lecturers of school cadre stood unified vide Government Notification dated 8.5.1975 in the pay scale of Rs. 250 – 600 and consequently w.e.f. 1.1.1978 with the revision, the pay scale of the Lecturers was fixed at Rs. 700 – 1300. Even the Supervisors were kept in the same pay scale. I am afraid this cannot be so. The matter in issue stands concluded by the decision of the Tribunal which has attained finality. The State has not placed on record, copy of the Special Leave Petition or any other material to substantiate the plea now taken, that prior to 1.1.1978 Lecturers had been put in a different scale and this fact could not be brought to the notice of the Tribunal before the passing of the judgment dated 8.1.1992. Petitioners are similarly situated persons hence I see no reason as to why the decision be not made applicable to the petitioners herein. For the aforesaid reasons the present petition is 4 allowed and it is directed that the petitioners shall be entitled to revised pay scale of Rs. 700 – 1580 with effect from 1.1.1978. The petitioners shall also be entitled to all consequential revisions and benefits. The arrears be paid to the petitioners within a period of six months from today failing which the petitioners shall also be entitled to interest at the rate of 6% from today. Petition is allowed. (Sanjay Karol), Judge. March 27, 2009 (PK)