IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 124 of 2009 . Decided on: March 18, 2010 State of Himachal Pradesh and others …..Appellant. Versus Ashok Shandil and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Appellants : Mr. R.K. Sharma, Sr. Addl. Advocate General. For the Respondents: Mr. Ajay Dhiman, Advocate for respondents No. 1 to 5. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP(M) No.879 of 2009 Heard. Allowed. The delay is condoned. LPA No. 124 of 2009. Admitted. The parties agree that the matter can be heard finally today itself. Heard. The State is aggrieved by the judgment dated 19th June, 2006 of the learned Single Judge in CWP(T) No. 2179 of 2008. The issue pertains to the scale of pay attached to the post of CDPO. The Writ Petitioners have claimed that they are entitled to scale of pay as that of Superintendent 2 Grade I of Rs. 2200-4000 whereas they were getting scale of pay of Rs.2000-3500. Referring to the I.C.D.S. Manual of the Government of India, learned counsel for the respondents submits that as per para 5.18 of the said Manual the selected officer must be borne on some appropriate State/Union Territory cadre. Her/ his pay scale should be the same as that of Block Development Officer(BDO) in the State/ Union Territory. That alone has been done by the judgment under appeal. The learned Senior Additional Advocate General points out that the project is operated on the funds granted by the Centre and in case the pay scale is to be altered the burden arising out of such alteration should also be borne by the funds of the project and if required, the additional funds are to be realized from the Centre. Since the Central Government has directed to follow the Manual prescribed by them, it is certainly open to the State to recoup any additional financial burden in that process. The Appeal is disposed of , so also the pending application. (Justice Kurian Joseph), Chief Justice March 18, 2010 (Justice R.B. Misra), (rks) Judge.