Himachal Pradesh High Court
Surender Pal Sharma & Ors vs H.P. State Electricity Board & Anr on 12 August, 2015
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
CWP No.5508 of 2011-F.
Date of Decision: 12.08.2015.
.
Surender Pal Sharma & Ors .... Petitioners.
Vs.
H.P. State Electricity Board & Anr. .... Respondents.
Coram:
of
The Hon'ble Mr.Justice Sureshwar Thakur, Judge.
Whether approved for Reporting?
rt
For the petitioners: Mr.M.L.Sharma, Advocate.
For the respondent No.1: Mr.Vinay Kuthiala, Sr. Advocate
with Mr.Rajpal Thakur, Advocate.
For the respondent No.2: Mr.Vivek Singh Attri, Dy. A.G.
Sureshwar Thakur, J.(Oral):
The matter has been received by remand from the Principal Bench of this Court.
2. The petitioners are rendering service under the State Electricity Board in the capacity of Deputy Director (Industrial Relations) and Deputy Director (Personnel). The relief, which has been prayed, to be rendered in favour of the ::: Downloaded on - 15/04/2017 18:44:51 :::HCHP CWP No.5508 of 2011.
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petitioners, is, for quashing of Annexure P-10 issued by .
respondent No.1, which accords approval for sanction of pay scales to the petitioners in consonance with Fitment Table No.20. The petitioners, besides, pray for directions being rendered to the respondents that pay scales in consonance of with Fitment Table No.21 comprised, in, Annexure P-1, be approved to be released in their favour.
3. Uncontrovertedly, the petitioners belong to that rt category of employees rendering service under the respondents who have been afforded pay scales, in, deviation, to, the pay scales afforded to other employees of the H.P. State Electricity Board, by applying the pay scales prescribed by the Punjab State Electricity Board to its employees.
Hence, as divulged by annexure P-3 that given the category to which the petitioners belong, their revised pay scales are to be brought in close equivalence to such revised pay scales which are in close equivalence to their own pay scales.
4. In clinching the controversy qua whether Fitment Table No.20 or 21 is applicable, in that endeavour, when ::: Downloaded on - 15/04/2017 18:44:51 :::HCHP CWP No.5508 of 2011.
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Annexure P-3 unfolds the fact that the pay scales of the .
petitioners are liable to be governed in the manner referred to hereinabove, it is thought expedient to allude to Annexure P-
2, table 21 of which reveals that all the employees of the respondents carrying the pay scale of Rs.15800-21100 are to of be put in the revised pay scale of Rs.41300-67000+9600.
5. Now, the revised pay scales prescribed in Fitment Table No.21 existing at page 52, would be rendered applicable rt to the petitioners only in the event of it being unfailingly established that the existing pay scales of the petitioners for theirs being entitled to draw the revised pay scales as prescribed in Fitment Table No.21 are extantly in the pay scale of Rs.15800-21100 as reflected in Fitment Table No.21. When an allusion to letters Annexures P-7, P-8 and P-9 reveals that the petitioners have been permitted to draw pay scale of Rs.15350-21600, consequently, when as such it stands established that the existing pay scale as afforded to the petitioners by the respondents is comprised in a sum of Rs.15350-21600, hence, in consonance with and in tandem with Fitment ::: Downloaded on - 15/04/2017 18:44:51 :::HCHP CWP No.5508 of 2011.
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Table 21 prescribing their revised pay structure to be .
falling in the scale of Rs.41300-67000+9600, the latter prescription in Fitment Table 21 necessitates its being adhered to by the respondent-Board. Obviously, then the application of Fitment Table No. 20 to the pay scale to be of drawn by the petitioners was not in consonance with Annexure P-2. The learned Senior counsel for the rt respondent No.1 has drawn the attention of this Court to the noting existing at Page-88 of the Paper Book and with its perusal revealing the apparent fact of the Hon'ble Apex Court having not adjudicated upon the SLP preferred before it by the H.P. State Electricity Board against the orders of this Court rendered in CWP(T) No.16 of 2008, along with connected matters, besides with the Hon'ble Apex Court having stayed the operation of the aforesaid renditions of this Court, as such, he canvasses that the relief, as canvassed before this Court by the petitioners, ::: Downloaded on - 15/04/2017 18:44:51 :::HCHP CWP No.5508 of 2011.
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cannot be granted in their favour. However, the learned .
counsel for the petitioners has stated at the Bar that the SLP aforesaid preferred by the H.P. State Electricity Board against the decision rendered by this Court in CWP(T) aforesaid, whereby this Court had ordered the of release in favour of the petitioners therein pay scales to them in consonance with Fitment Table 21, has been rt dismissed. Consequently, while accepting the statement at the Bar made by the learned counsel for the petitioners, the rider imposed in the noting existing at Page No.88 of the Paper Book against the release of pay scales to the petitioners herein in consonance with Fitment Table 21 arising from the fact of an SLP pending adjudication before the Hon'ble Apex Court against the renditions by this Court in CWP(T) No.16 of 2008 along with connected matters, besides the Hon'ble Apex Court having stayed the operation of the renditions aforesaid of ::: Downloaded on - 15/04/2017 18:44:51 :::HCHP CWP No.5508 of 2011.
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this Court, gets vacated as well as discharged. In .
aftermath, extantly there is no fetter upon the H.P. State Electricity Board to release the revised pay scales to the petitioners in consonance with Fitment Table 21.
Accordingly, the impugned order, Annexure P-10 is of quashed & set aside. The writ petition is allowed and the respondents are directed to implement the Fitment Table rt No.21 qua the petitioners. They be granted revised pay scale of Rs.41300-67000+9600, from the date it fell due and admissible to the petitioners within a period of six months from today. Pending application(s), if any, shall also stand disposed of.
12th August, 2015. (Sureshwar Thakur) (KSG) Judge ::: Downloaded on - 15/04/2017 18:44:51 :::HCHP