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Himachal Pradesh High Court · body

2020 DIGILAW 500 (HP)

Lalit Kumar v. State of Himachal Pradesh

2020-08-18

SANDEEP SHARMA

body2020
JUDGMENT : Sandeep Sharma, Judge : Vide office memorandum dated 31.7.2012 (Annexure P-1) issued by the Finance department of the Government of Himachal Pradesh, all class-IV employees working in the various departments of Government have been held entitled to one additional increment on completion of 20 years of regular service on 1.8.2012. Subsequent to issuance of aforesaid communication, Government vide office memorandum dated 15.12.2012, further clarified that benefit of additional increment on completion of 20 years of regular continuous service shall be admissible to all class-IV employees irrespective of the fact that some of them have been promoted within class-IV categories. Vide aforesaid memorandum Government further clarified that such benefit would be restricted only to those class-IV categories, which remain as such in the pay scales of class-IV notified vide Finance department Fin-(PR) B(7)-1/98-II dated 3.5.2011, Fin(PR)B (A) -1/2009 dated 26.8.2009 and Fin (PR) B (7)-64/2010 dated 27.9.2012 (Annexures R-3, R-4 and R-5, respectively). Petitioner, who was initially appointed as Peon in the Forest Department w.e.f. 22.7.1998 was subsequently promoted as Jamadar in the month of July, 2007. 2. After having completed twenty years of service, petitioner preferred various representations to respondent No.3, praying therein for grant of additional increment in terms of office memorandum dated 31.7.2012, but his prayer was not acceded to on the ground that he had crossed maximum class-IV scale i.e. Rs. 10,680/- as the basic pay of the petitioner on 1.7.2018 was Rs.10,970/- plus grade pay. However, careful perusal of communication dated 7.1.2019 (Annexure R-8) suggests that pursuant to aforesaid representation filed by the petitioner, Principal Chief Conservator of Forests, Himachal Pradesh, vide communication dated 7.1.2019 (Annexure R-8) requested the Additional Chief Secretary (Forests) Government of Himachal Pradesh to permit and allow one additional increment on completion of 20 years service to all class-IV employees on the analogy of class-IV employees working in Himachal Pradesh Secretariat as well as Himachal Pradesh High Court. In response to aforesaid communication, Additional Chief Secretary (Forests) to the Government of Himachal Pradesh vide letter dated 28.3.2019 Annexure R-9, conveyed that matter was taken up with the Finance Department, which advised to do the needful as per Finance Department notification No. Fin (C) B (7)-3/2012 dated 28.2.2019 (Annexure R-10). In the notification referred herein above, Government clarified that class-IV employees of State Government in the pay band of Rs. 5910- 20200/- + grade pay of Rs. In the notification referred herein above, Government clarified that class-IV employees of State Government in the pay band of Rs. 5910- 20200/- + grade pay of Rs. 1900/-, who have completed 20 years of regular service shall be eligible to get additional increment in the pay and accordingly, vide office order dated 8.5.2019 (Annexure R-11), additional increment came to be allowed to the petitioner w.e.f. 1.4.2019. 3. Though additional increment on completion of 20 years of service in class-IV post stands granted to the petitioner, but his grouse is that since he had completed 20 years of service as Class-IV employee on 21.7.2018, additional increment ought to have been allowed to him w.e.f. 21.7.2018 instead of 1.4.2019. Petitioner has also placed on record office order dated 28.8.2018, issued by the Deputy Secretary (SA) to the Government of Himachal Pradesh (Annexure P-7) to demonstrate that persons namely M/s Prahlad Gautam, Phagnu Ram, kamlesh Gautam and Partap Singh (Peons), who had crossed maximum class-IV scale i.e. Rs. 10,680/- were granted one additional increment after completion of 20 years of service w.e.f. date they completed 20 years of regular service as Class-IV employees. 4. Perusal of Annexure P-4 reveals that matter was reconsidered by the Finance Department and it was decided that benefit of one additional increment may be given to all similarly placed class-IV employees in relaxation of provisions contained in the office memorandum No. Fin(C) B (7)3/2012 dated 15.12.2012. However, this Court is of the view that once in terms of aforesaid clarification, petitioner along with other similarly situate persons was also held entitled for grant of one additional increment on completion of 20 years service in Class-IV post, it is not understood that how such benefit could be allowed to him w.e.f. 1.4.2019, especially when he had completed 20 years of service as Class-IV employee on 21.7.2018. Apart from above, it is not in dispute that similarly situate employees in Himachal Pradesh Secretariat were also granted one additional increment w.e.f. the date they completed 20 years of service as Class-IV employees and as such, learned counsel for the petitioner is right in contending that petitioner has been discriminated in as much as he has been allowed benefit of one additional increment w.e.f. 1.4.2019. 5. 5. Leaving everything aside, this Court is of the view that when as per own decision of the Government, additional increment is to be given to class-IV employee on his having completed 20 years of regular service in Class-IV post, there is no justification, if any, for granting such benefit w.e.f. 1.4.2019, rather, same is required or ought to have been granted w.e.f. the date when petitioner or other similarly situate persons completed 20 years of service as Class-IV employee i.e. 21.7.2018. Once in terms of subsequent clarification issued by the Finance Department as contained in official noting of Annexure P-4, department decided to grant additional increment to all similarly situate class-IV employees, petitioner as well as other similarly situate persons, who have complete 20 years of service ought to have been granted such benefit from the date they completed 20 years of service. While granting aforesaid benefit, no discrimination, if any, could have been made by the Government inter-se employees working in the HP Secretariat as well as employees of other departments as far as date of allowing additional increment is concerned. Since it stands duly proved on record that pursuant to clarification issued by the Government of Himachal Pradesh, some of employees as have been named in earlier part of the judgment, were granted one additional increment w.e.f. the date they completed 20 years of regular service, action of the respondents in granting benefit of additional increment to the petitioner w.e.f. 1.4.2019, cannot be held to be sustainable and as such, needs to be rectified in accordance with law. 6. Consequently, in view of the above, this Court finds merit in the present petition and accordingly same is allowed and respondents are directed to grant benefit of additional increment to the petitioner w.e.f. 21.7.2018, when he had completed twenty years of service as class-Iv employee, within a period of six weeks from today with up-to-date statutory interest. Present petition stands disposed of, along with pending application(s), if any.