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Himachal Pradesh High Court · body

2013 DIGILAW 31 (HP)

Madan Lal v. State of H. P.

2013-01-07

SURINDER SINGH

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JUDGMENT Surinder Singh, J: The petitioners are the employees of the Municipal Council, Nahan. Their pay was fixed by the respondent-State. The petitioners were working in four different categories viz. Mason, Electrician, Work Supervisor and Carpenter seeking the same relief. 2. The petitioners had filed an Original Application No.720 of 2004 in the erstwhile Tribunal to seek the directions against the respondents to pay the initial start of Rs..1,000/- per month in the pay scale of Rs..950-1800 w.e.f. 1.1.1986 and thereafter corresponding placement in the revised pay-scale on and w.e.f. 1.1.1996 and re-fix and regulate their pay accordingly release arrears with interest with other consequential benefits. After the abolition of the erstwhile Tribunal, the aforesaid original application was transferred to this Court and registered as writ petition. 3. The following eight petitioners were working on daily wages. They were regularized as per the policy of the State Government from the date given against their names as follows:- Sl. No. Name of the petitioner Designation Date of regularization Pay scale allowed. 1. Sh. Madan Lal (Petitioner No.1) Mason 01.04.1999 3120-5160 2. Sh. Basir Ahmed Lal (Petitioner No.4) Mason 01.04.1999 3120-5160 3. Sh. Iqbal Mohd. (Petitioner No.6) Mason 01.04.1999 3120-5160 4. Sh. Iqlakh Mohd. (Petitioner No.7) Carpenter 01.04.1999 3120-5160 5. Sh. Narain Dass (Petitioner No.9) Mason 01.04.1999 3120-5160 6. Sh. Ram Dutt (Petitioner No.10) Mason 01.04.1999 3120-5160 7. Sh. Roshan Ali (Petitioner No.11) Mason 01.04.1999 3120-5160 8. Sh. Sewa Ram (Petitioner No.12) Mason 01.01.1998 950-1800 The remaining four were regularized/ appointed on regular basis as follows:- Sl. No. Name of the petitioner Designation Date of regularization Pay scale allowed. 1. Sh. Amar Singh (Petitioner No.2) Mason 06.11.1985 3120-5160 2. Sh. Ashraf Ali (Petitioner No.3) Work Supervisor 13.01.1989 3120-5160 3. Sh. Fakir Chand (Petitioner No.5) Electrician 12.06.1996 3120-5160 4. Sh. Munna Lal (Petitioner No.8) Mason 06.11.1985 3120-5160 4. Vide Notification No.FIN-( C) B(7)-6/88-VI dated 24.3.1998 (Annexure A-1) issued by the State Government in continuation to the earlier Notification dated 30th August, 1997, the Governor of Himachal Pradesh was pleased to include the following categories of skilled and semi-skilled posts (including work-charged establishments) as mentioned in its Annexure, for the grant of initial pay of Rs..1,000/- in the pay-scale of Rs..950-1800 w.e.f. 1.1.1986:- (i) Mortar Mate, (ii) Work Inspector, (iii) Store Munshi; and (iv) Road Inspector. The said notification further directs that all the above posts were also designated as ‘Junior Technicians’ with job/trade specifications to be shown in bracket and the departments were required to carry out necessary amendments in the Recruitment & Promotion Rules of these posts accordingly. 5. In fact, the petitioner Ashraf Ali was Supervisor (Works) in the Municipal Council, Nahan. His post is not included in Annexure appended to the Notification dated 30.8.1997, whereas other petitioners were either Electrician Grade-I & II, Carpenter Grade-II & III and Mason Grade-II & III and they stood included in the above annexure at Serial Nos.8, 12 and 14. 6. Out of the aforesaid first lot of eight petitioners, in para-3 Sewa Ram petitioner (No.12) was regularized on and w.e.f. 1.1.1998 against the post of Mason in the pay-scale of Rs..950-1800 as per the then Policy in-vogue as shown in Annexure R-2/1, i.e. after the revision of pay scales w.e.f. 1.1.1996, whereas other petitioners were regularized thereafter in the pay scale of Rs..3120-5160 (Annexure R-2/2 dated 14.10.1999). 7. Now the contention of eight petitioners in the first list referred in para-3 supra is that they are entitled with initial start of Rs..1,000/-in the pay-scale of Rs..950-1800 on and w.e.f. 1.1.1986, cannot be accepted as they were regularized in the year 199899 by giving them the higher pay-scale of Rs..31205160, but for Sewa Ram for the reasons given hereinafter. 8. Insofar as remaining four petitioners are concerned, petitioner No.3 Ashraf Ali, held the post of Supervisor. He is not covered in the Annexure appended to Notification of 1997, therefore, he is not entitled for the relief claimed, whereas, other two namely Amar Singh and Munna Lal who were regularized on and w.e.f. 6.11.1985 in the pay scale of Rs..950-1800, though both of them are entitled for the initial start of Rs..1,000/- in the said pay-scale on and w.e.f. 1.1.1986 as per Notification (Annexure A-1) dated 24.3.1998, but however on 1.1.1996 when the scales were revised none of them had reached the minimum of the revised pay-scale, as such, they were rightly granted and fixed at the initial pay in the pay scale of Rs..3120-5160, whereas, Fakir Chand on his regularization on 12.6.1996 was already and rightly given revised pay-scale of Rs..3120-5160. 9. 9. In view of the above position, the prayer qua Sewa Ram petitioner No.12, to whom the pay-scale of Rs..950-1800 (old) was allowed, should have in fact been placed at the minimum of revised pay-scale as having been regularized on 1.1.1998. Thus the petition qua him is accepted and allowed for the grant of revised new pay-scale of Rs. 3120-5160 on and w.e.f. 1.1.1998, the date of his regularization. The respondents shall release the arrears qua Sewa Ram within three months, failing which it shall carry an interest @ 12% per annum from the date it fell due. However, with respect to others, the petition stands dismissed, so also the pending application(s), if any.