Himachal Pradesh High Court
______________________________________________________ vs State Of H.P. And Another on 18 March, 2015
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. : 1669/2015 .
Decided on: 18.3.2015 ______________________________________________________ Soma Kumari and others. ...Petitioners.
Versus State of H.P. and another. ...Respondents. ______________________________________________________________ Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge. Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1 No For the petitioners : Ms. Meghna, Advocate vice Mr. M.L. Sharma, Advocate.
For the Respondents : Mr. M.A. Khan, Addl. A.G. with Mr. Neeraj K. Sharma, Dy. A.G. and Mr. Ramesh Thakur, Asstt. A.G. ____________________________________________________________ Justice Rajiv Sharma, Judge (oral).
Heard. The petition is being disposed of at the admission stage.
2. Petitioners were appointed in the H.P. Industries Department as Junior Tailoring Mistresses in the pay scale of Rs. 510-940. The pay scale was revised to Rs. 1410-2640 with effect from 1.1.1986. They were further placed in the 1 Whether reporters of the local papers may be allowed to see the judgment? No ::: Downloaded on - 15/04/2017 17:48:41 :::HCHP 2 pay scale of Rs. 1800-3200/1640-2940 in the ratio of 50:50 with effect from 13.5.1991.
.
3. It would be apt at this stage to note that on 28.9.1983, services of the petitioners, who were posted in the Tailoring Centres of the Industries Department, were transferred to the Rural Development Department. The services of Junior Tailoring Mistresses, who were posted in Training Institutes, r to the Rural Industrial Training Institutes and Girls Industrial were transferred to Technical, Vocational and Industrial Training, Sundernagar.
Directorate of The pay scale of Junior Tailoring Mistresses was revised to Rs. 5800-9200/5480-8925 with effect from 1.1.1996. On the basis of implementation of 6th pay commission with effect from 1.1.2006, petitioners were granted the pay scale of Rs.
10300-34800 plus grade pay of Rs. 3600/-. However, their counterparts, whose services were transferred to the Directorate of Technical Education, Vocational and Industrial Training were accorded grade pay of Rs. 4200/-. Petitioners have already made representations on 18.11.2011, but till date the same have not been decided.
::: Downloaded on - 15/04/2017 17:48:41 :::HCHP 34. The duties discharged by the petitioners and the Tailoring Mistresses posted in the Directorate of Technical, .
Vocational and Industrial Training, Sundernagar are same.
The parent cadre of the petitioners and Tailoring Mistresses posted in the Directorate of Technical, Vocational and Industrial Training, Sundernagar was the same, i.e. Industries Department. Petitioners are similarly situate vis-
à-vis Tailoring Mistresses posted in the Directorate of Technical, Vocational and Industrial Training, Sundernagar.
Equals cannot be treated unequal. Petitioners and Tailoring Mistresses posted in the Directorate of Technical, Vocational and Industrial Training, Sundernagar were getting the same pay scale before the implementation of 6th pay commission.
Since the Tailoring Teachers serving in the Directorate of Technical, Vocational and Industrial Training, Sundernagar were granted grade pay of Rs. 4200/-, petitioners are also entitled to the same grade pay instead of Rs. 3600/- on the principle of "equal pay for equal work".
4. Accordingly, the writ petition is allowed.
Respondents are directed to release grade pay of Rs. 4200/-
in favour of the petitioners with effect from 1.1.2006 on the ::: Downloaded on - 15/04/2017 17:48:41 :::HCHP 4 posts of Junior Tailoring Mistresses/Head Tailoring Mistresses, within a period of six weeks from today. Pending .
application(s), if any, also stands disposed of. No costs.
(Justice Rajiv Sharma), Judge.
(Justice Sureshwar Thakur), Judge.
18.3.2015 *awasthi * ::: Downloaded on - 15/04/2017 17:48:41 :::HCHP