JUDGMENT Sandeep Sharma, J. - Petitioners herein were appointed as Surveyors in the Department of Irrigation and Public Health (for short 'I &PH') on 20.11.1986 and 24.12.1979 respectively. They became entitled for benefit of senior scale of Rs.1800-3200 on their having completed 12 years regular service as Surveyors. Though, the matter was considered by the Pay Anomaly Committee in its meeting held on 26.6.1995 for grant senior scale of 1800-3200 on completion of 12 years of service as Surveyors in the department of I&PH, but since representation having been filed by the association of the petitioner's was not accepted, person namely Hans Raj and others filed O.A.(D)No.1035 of 1994 in the erstwhile H.P. Administrative Tribunal, praying therein to direct the respondentState to pay scale of Rs. 1800-3200 on completion of 12 years of service, as was given in the case of Surveyors of Agriculture Department. The aforesaid original application was allowed by the Tribunal to the extent that the respondents were directed to obtain the latest position of the scale of Surveyors as granted by the Government of Punjab to the Surveyors of Irrigation Department in compliance to the orders of the Hon'ble High Court of Punjab and Haryana, and to grant the same scale to the Surveyors in the department of Irrigation and Public Health and Public Works Department in Himachal Pradesh also, within a period of three months. 2. Pursuant to aforesaid directions issued in Hans Raj case (Supra), respondent-State granted pay scale of Rs. 1800- 3200 on completion of 12 years regular service to all the persons, who were working as Surveyors in I & PH department with consequential benefits w.e.f.14.10.1993. Since, benefit in terms of the judgment passed by learned Tribunal in Hans Raj case (supra) was not granted to the person namely, Tilak Raj Sood, he approached this Court by way of CWP No.7330 of 2013, which came to be disposed on 15.11.2013, reserving liberty to above named person to file representation. However, fact remains that petitioner's representation was rejected vide order dated 2.4.2014 on the ground that judgment rendered by learned Tribunal in Hans Raj case (Supra) was in judgment in personam and there was delay. However, fact remains that petitioner's representation was rejected vide order dated 2.4.2014 on the ground that judgment rendered by learned Tribunal in Hans Raj case (Supra) was in judgment in personam and there was delay. In the aforesaid background, above named person Tilak Raj again filed CWP No. 5709 of 2014, seeking therein direction to the respondents to grant him pay scale of Rs.1800-3200 immediately after completion of 12 years of continuous service in terms of the judgment passed by learned Tribunal in Hans Raj case (Supra). Co-ordinate Bench of this Court allowed the aforesaid petition and directed the respondents to place the petitioner in the pay scale of Rs.1800-3200, immediately after completion of 12 years of continuous service as Surveyor/Junior Engineer and release the arrears with interest @ 9% per annum (Annexure P-11). 3. In the aforesaid judgment, Co-ordinate Bench of this Court categorically observed that equals have been treated unequals by the respondents while denying the pay scale of 1800- 3200 to the petitioner i..e Tilak Raj after completion of 12 years of service. In the aforesaid judgment, this Court also clarified that judgment rendered by Tribunal in Hans Raj case (supra) was not in personam and as such, petitioner i.e. Tilak Raj ought to have been granted same relief, which has been granted to his colleagues vide letter dated 10.6.2013. Aforesaid judgment rendered by Co-ordinate Bench of this Court has attained finality and as such, petitioners herein also placed reliance upon the same while claiming senior scale of 1800-3200 on their having completed 12 years service as Surveyors/ Junior Engineers. However, fact remains that petitioners despite their having completed 12 years have been not granted aforesaid senior scale of Rs.1800-3200 and as such, they have been repeatedly compelled to approach the court of law for redressal of their grievance. 4. Prior to filing of the petition at hand, petitioners alongwith other similarly situate persons approached erstwhile H.P. Administrative Tribunal by way of T.A. No.1012 of 2015, titled as Amar Lal Thakur and others versus The State of Himachal Pradesh and others, seeking therein similar relief, as has been prayed for in the instant petition. 4. Prior to filing of the petition at hand, petitioners alongwith other similarly situate persons approached erstwhile H.P. Administrative Tribunal by way of T.A. No.1012 of 2015, titled as Amar Lal Thakur and others versus The State of Himachal Pradesh and others, seeking therein similar relief, as has been prayed for in the instant petition. Aforesaid petition having been filed by the petitioners and other similarly situate person came to be disposed of vide judgment dated 8.1.2018, passed by learned Tribunal, directing the respondents/competent authority to extend the benefit of judgment passed by learned Tribunal in Hans Raj case (supra) and judgment dated 29.11.2010 passed by this Court in CWP(T) No.4868 of 2008, titled as Surveyors Association and others versus State of Himachal Pradesh and others, if they are found to be similarly situate. It is not in dispute that aforesaid judgments were not laid challenge by the respondent-State in the superior court of law and as such, same have attained finality. Pursuant to aforesaid judgment, petitioners herein as well as other similarly situate persons filed representation (Annexure P-16) to the respondents, seeking therein benefit of senior pay scale in terms of the aforesaid judgments passed by learned Tribunal as well as this Court, however, facts remains that aforesaid representation was rejected vide order dated 4.1.2019, passed by Superintendent Engineer, I&PH Circle Shimla, on the ground that higher pay scale of Rs.1800-3200 remained effective till 31.12.1995, whereafter new/revised pay scale was implemented with effect from 01.01.1996, whereby a uniform pay scale to Surveyor was allowed and no such higher pay scale on completion of 12 years of service as Surveyor was allowed. In nutshell, the representation of the petitioners was rejected on the ground that higher pay scale of Rs.1800-3200 stands merged with revised pay scale implemented with effect from 01.01.1996. In the aforesaid background, petitioners have approached this Court in the instant proceedings, praying therein following reliefs:- "i). That the order passed by the Superintending Engineer on dated 4.1.2019 may kindly quashed and setaside. ii). That the writ of mandamus may kindly be issued to the respondents with the direction to grant initial pay scale with effect from 1984 with all the consequential benefits to the petitioners. iii). That the order passed by the Superintending Engineer on dated 4.1.2019 may kindly quashed and setaside. ii). That the writ of mandamus may kindly be issued to the respondents with the direction to grant initial pay scale with effect from 1984 with all the consequential benefits to the petitioners. iii). That the writ of mandamus may kindly be issued to the respondents to grant senior pay scale of Rs.1800-3200 after the completion of 12 years of continuous service, with all the consequential benefits to the petitioners. iv). That the Hon'ble Court may kindly directed the respondents to grant consequential benefits from the date of filing of original application in the year 1996." 5. Having heard learned counsel representing the parties and perused the material available on record, this Court finds that there is no dispute interse parties that the petitioners herein were initially appointed in the Department of Irrigation and Public Health on 20.11.1986 and 24.12.1979 respectively as Surveyors. It is also not in dispute that petitioners stand promoted as Junior Engineers and they have also completed 12 years regular services after their being appointed as Surveyors in the department. 6. Reply filed on behalf of the respondents reveals that petitioner No.2, Sh. Kamal Kumar, who was initially appointed as Surveyor on 24.12.1979 and had completed 12 years regular service in the year 1991 was granted pay scale of Rs.1800-3200 after completion of 12 years regular service as Surveyor as on 31.12.1991 i.e. prior to implementation of the revised pay scale of 01.01.1996 as per the judgment rendered in Hans Raj case(supra), copy of fixation orders stands annexed as Annexure R-1 with the reply filed by the respondents. Prayer of petitioner No.1, Amar Lal has been rejected on the ground that he did not complete 12 years regular service in the year1998 i.e. prior to implementation of revised pay scale w.e.f. 1996, which became applicable with effect from 1.1.1996, rather he completed 12 years regular service in the year, 1998 by which time, new/revised scale to surveyors had come in application. As per the respondents, grant of higher pay scale of Rs.1800-3200 remained effective till 31.12.1995, whereafter new/revised pay scales were implemented with effect from 01.01.1996 and as such, petitioner, who have completed 12 years service as Surveyors after implementation of revised pay scale cannot be granted pay scale of Rs.1800-3200, which was being paid prior to 0.1.01.1996. 7. As per the respondents, grant of higher pay scale of Rs.1800-3200 remained effective till 31.12.1995, whereafter new/revised pay scales were implemented with effect from 01.01.1996 and as such, petitioner, who have completed 12 years service as Surveyors after implementation of revised pay scale cannot be granted pay scale of Rs.1800-3200, which was being paid prior to 0.1.01.1996. 7. Learned Deputy Advocate General while defending the action of the respondents in not granting higher pay scale to the petitioners was unable to demonstrate from the record that communication, if any, issued by the respondent-State specifically clarifying therein that higher pay scale of Rs.1800- 3200 to the Surveyors in the department of I&PH shall not be given to those persons, who completed 12 years service after 1.1.1996, rather this Court finds from the record that to have higher pay scale of Rs.1800-3200 one was only required to complete 12 years regular service as Surveyor. In the case at hand, it is not in dispute that petitioner No.1, Amar Lal has completed 12 years service as Surveyor in the year 1998. Defence taken by the respondents that higher pay scale of Rs.1800-3200 remained effect till 31.12.1995, whereafter new/revised pay scale with effect from 01.01.1996 came to be implemented, cannot be made ground to reject the claim of the petitioner for grant of higher pay scale of Rs.1800-3200 after his having completed 12 years regular service as Surveyor. Petitioners like other similarly situate persons in the department, who their after having completed 12 years regular service as Surveyors have been already granted higher pay scale of Rs.1800-3200, are also entitled to grant of aforesaid scale of Rs.1800-3200 from due date. This Court finds from the office order dated 10.6.2013 (Annexure P-14) that pursuant to the approval of Finance Department as conveyed vide Additional Chief Secretary (IPH) to the Government of Himachal Pradesh vide letter No. IPH-A-B(9)- 3/2011, dated 10.6.2013, pay scale of Rs.1800-3200 has been granted to all the petitioners in Hans Raj case (supra) in compliance of the judgment and as such, no discrimination, if any, can be made with the petitioners, who like other Surveyors in the I&PH Department have also completed 12 years service. Judgment rendered by learned Tribunal in Hans Raj case (supra) has already attained finality. Judgment rendered by learned Tribunal in Hans Raj case (supra) has already attained finality. Co-ordinate Bench of this Court in CWP No.5709 of 2014, dated 23.4.2015 has already held that judgment passed in Hans Raj case (supra) is not judgment in personam, but judgment in rem and as such, all the similarly situate persons to the petitioners in Hans Raj case (Supra) are entitled to higher pay scale of Rs.1800-3200 on their having completed 12 years of service. It is also not in dispute that aforesaid judgment rendered by this Court in CWP No.5709 of 2014, has also attained finality. This Court finds from the impugned order dated 4.1.2019 (Annexure P-17) that respondents while rejecting the prayer made on behalf of the petitioners have taken all together different stand by stating that department has not granted the benefit to any incumbent/ Surveyor on the analogy of Punjab Pay Scale so far except Hans Raj's case and one State is not bound to follow the rules and regulations applicable to the employees of the other State or if the State has adopted the same rules and regulations, it is not bound to follow every change brought in the rules and regulation in other State. Once Court of law accepting the prayer of the petitioners in Hans Raj case that they are also entitled to higher pay scale on the analogy of Punjab Pay Scale, directed respondents to pay higher pay scale of Rs.1800-3200 to the petitioners in that case, respondents cannot be allowed to raise aforesaid ground for the rejection of claim of the petitioners herein. Learned Tribunal below in Hans Raj Case (supra) and this Court in judgment dated 23.4.2015 passed in CWP No.5709 of 2014 has clarified that judgment passed in Hans Raj case is not judgment in personam but judgment in rem and as such, petitioner being otherwise similarly situate cannot be denied benefit of higher pay scale of Rs.1800-3200 after his having completed 12 years that too on the ground raised in the impugned order dated 4.1.2019. 8. Consequently, in view of the above, the present petition is allowed and respondents are directed to grant higher pay scale of Rs.1800-3200 to the petitioners from the date of their having completed 12 years service with consequential benefits. 8. Consequently, in view of the above, the present petition is allowed and respondents are directed to grant higher pay scale of Rs.1800-3200 to the petitioners from the date of their having completed 12 years service with consequential benefits. Since, it is not in dispute that petitioner No.2, Kamal Kumar, has completed 12 years regular service in the year 1991 and thereafter he was promoted as Junior Engineer, respondents could not have granted him higher pay scale of Rs.1800-3200 with effect from 14.1.1993, as is evident from the fixation order (Annexure R-1). Further, petitioners herein in compliance to the directions contained in the instant judgment are entitled to higher pay scale from the date they completed 12 years service as Surveyors. Consequential benefits, if any, be released in favour of the petitioners forthwith. Pending applications, if any, also stands disposed of.