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Himachal Pradesh High Court · body

2011 DIGILAW 1807 (HP)

Daulat Ram v. State of H. P.

2011-03-30

V.K.SHARMA

body2011
JUDGMENT V.K. Sharma, Judge The petition has been filed on the following prayers vide para 7 (i) to (v) : “ (i) That recruitment and promotion rules framed regarding meson Grade-III be quashed and set aside. (ii) That the applicant be given pay scale/salary equivalent to the respondent No.5, namely, Black Smith Grade-III. (iii) That the arrears w.e.f. 1996 equivalent to Black Smith Grade-III be allowed to be granted to the applicant. (iv) That parity/equality be granted in the categories of Black Smith Grade-III and meson Grade-III by enhancing the pay/scale/salary of meson Grade-III qua the applicant. (v) That the applicant be regularized in the similar manner as the regularization is given to the Black Smith.” 2. In reply, respondents No.1 and 2 have taken the following stand vide paras 1 to 5 of the preliminary submissions : “ 1. That the present O.A is not maintainable as no cause of action accrued in favour of the applicant in any manner as none of the relief’s claimed are admissible to him because of the fact that the applicant was appointed to the post of Masson vide Executive Engineer, HPPWD Karsog office order No. PW-KSG-WCE-5/76-1829-34 dated 6.3.1986 copy of which is annexed herewith as Annexure R1 having the post in the pay scale of Rs.400-600. The applicant was also confirmed by the Superintending Engineer’s 1st Circle, HPPWD, Mandi w.e.f. 14.6.1994. 2. That on receipt of letter No.PWE-74-15 (A) (WC) ES-III-13482-502 dated 27.12.2000 so issued by the Registrar, HPPWD, Shimla-I, a copy which is annexed herewith as Annexure R-2, with reference to Finance Department Notification dated 1.9.1998, to bifurcate skilled and semi skilled categories of second schedule of revised pay scale in the following manner : 1. Senior most 20 % Technician Grade-II to be designated as Technician Grade-I in the pay scale of Rs.4550-7220. 2. Next 30 % Technician Grade-II to be designated as technician Grade-II in the pay scale of Rs.4020-6200. 3. The remaining 50 % Junior Technicians to be granted the pay scale of Rs.3120-5160. Accordingly the total cadre strength as existed on 1.1.1996 in the cadre on Masson bifurcated in the ratio of 20:30:50 as on 1.1.1996 vide Superintending Engineer Ist Circle, HPPWD, Mandi office order No.PW-SE-I-205-R & P Rules/99-2002-27379-88 dated 16.2.2002, in respect of the applicant as well as other categories of employees. Accordingly the total cadre strength as existed on 1.1.1996 in the cadre on Masson bifurcated in the ratio of 20:30:50 as on 1.1.1996 vide Superintending Engineer Ist Circle, HPPWD, Mandi office order No.PW-SE-I-205-R & P Rules/99-2002-27379-88 dated 16.2.2002, in respect of the applicant as well as other categories of employees. Thereafter the case for fixation of pay of all the eligible categories of employees processed and accordingly the pay of the applicant stands fixed vide office order No. PW-KSG-E-7/2002-8661-68 dated 19.12.2002 by the Executive Engineer, Karsog Division, a copy of which is annexed herewith as Annexure R-3. 3. That consequent upon the re-designation and fixation of pay in the pay scale of Rs.4550-7220 w.e.f. 1.1.1996 as Junior Technician Grade-I (Mason), necessary admissible arrear on account of pay scales amounting to Rs.38,599/-stands paid to the applicant on 24.12.2002 an d Rs.12,842/- has been credited to this General Provident Fund Account. The photostate copy of Pay Bill Register and Acquaintance Roll are annexed herewith as Annexure R-4 & R-5 and now nothing more is required to be paid to the applicant. 4. That the applicant has failed to exhaust the remedy available to him under the service rules before to ventilate his grievance though the Hon’ble Tribunal by filing the present O.A. Hence, the applicant has failed to exhaust the efficacious remedy available with him under the service rules. Hence, this application required to be dismissed on this short ground alone. 5. That the applicant has not come with clean hands before this Hon’ble Tribunal as he has concealed this fact from the Hon’ble tribunal that he has already been the designation of Junior Technician Grade-I (Mason) in the pay scale of Rs.4550-7220 w.e.f. 1.1.1996 whereas the respondent No.3 has been given the designation of Junior Technician Grade-II (Black Smith) in the pay scale of Rs.4020-6200 w.e.f. 1.1.1996. Hence, the applicant has wrongly claimed the similar scale as to respondent No.3 which is not admissible to him under the rules.” 3. Hence, the applicant has wrongly claimed the similar scale as to respondent No.3 which is not admissible to him under the rules.” 3. In view of the above reply, in case the petitioner still has any surviving grievance, he shall be free to make a representation along with copy of this judgment to respondent No.2/competent authority within one month from today, who shall consider the same and take a final decision in the matter within next two months in accordance with law, after affording an opportunity of being heard to the petitioner, if so desired. 4. The petition stands disposed of, so also pending CMP (s), if any.