Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2384 of 2024
Decided on: 25th July, 2025 ------------------------------------------------------------------------------------- Kuldeep Chand Sharma
…..Petitioner
Versus
Chaudhary Shrawan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur
.....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Shashwat Dadwal and Mr. Subhash
Chander, Advocates. For the Respondent: Mr. Janesh Mahajan, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
This writ petition has been filed for the grant of following substantive relief:-
“A. That the impugned order dated 05th September, 2023, annexure P-5 may please be quashed & set aside being illegal, arbitrary & unconstitutional keeping in view Annexure P-7, as also being wrong and illegal, and respondent may further be directed to grant the pay scale of Rs.4020-120-4260-140-4400-150-5000-160- 5800-200-6200 which was revised on 01.01.1996 i.e. Ann P-7, in the interest of justice from the date of petitioner's entitlement along with all the arrears with interest @ 12% per annum, till the date of actual payment, within some time bound period, preferably within 30 days.”
2. Petitioner, in essence, claims to be placed in the pay scale of Rs.4020-6200/- w.e.f. 21.09.2004 and
1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
corresponding scales in further revision of pay scales. The matter was heard at length on 09.07.2025, when following order was passed:-
“Heard for some time. 2. Petitioner’s grievance is that while implementing the decision rendered in his favour, respondents issued office order on 05.09.2023, granting work charge status to him on the post of Machine Man w.e.f. 21.09.2004 in the pay scale of Rs.3120-5160, whereas, petitioner was entitled to be placed in the pay scale of Rs.4020-6200. 3. The above assertions have been made on the foundation that under notification dated 01.03.1993, (placed on record during hearing), pay scale of Machine Man as on 31.12.1985 was Rs.400-600 revised to Rs.950-1800 w.e.f. 01.01.1986 and Rs.1200-2100 w.e.f. 08.02.1989. 4. Attention was also invited to office order dated 19.03.1998 (Annexure P-7, page 37 of the paper-book), issued by the respondents in case of one Sh. Sher Singh-Machine Man. The said office order reflects existing pay scale of Sh. Sher Singh at Rs.1200-2130 (column No.1) and revised pay scale w.e.f. 01.01.1996 as Rs.4020-6200 (column No.2). Accordingly, petitioner, regularized/brought on work charge establishment w.e.f. 21.09.2004, also claims revised pay scale of Rs.4020-6200. 5.
Respondents’ defence in the reply of Sh. Sher Singh having been placed in the pay scale of Rs.4020- 6200 pursuant to proficiency step-up granted to him, does not appear to be convincing. Prima-facie, it appears that pay scale of Rs.4020-6200 is the revised pay scale w.e.f. 01.01.1996 of the existing pay scale of Rs.1200-2130. 6. Let respondents file supplementary affidavit, clarifying the above issue, within two weeks. List on 25.07.2025.”
3. Pursuant to above order, the respondent has filed supplementary affidavit, wherein the respondent has admitted the claim of the petitioner as under:-
“2. That on perusal of record and notification dated 01.03.1993 (Annexure R-I) the pay scale for the post of
3
Machineman has been revised from Rs.400-600 to Rs.950-1800 with a start of Rs.1000/- w.e.f. 01.01.1986 and Rs.1200-2100 w.e.f. 08.02.1989 which has further been revised to Rs.4020-6200 w.e.f.
01.01.1996. Accordingly, the petitioner is also entitled to revised pay scale of Rs.4020-6200.”
4. Keeping in view the order dated 09.07.2025; supplementary affidavit dated 19.07.2025 filed by the respondent and the relief prayed for by the petitioner, this writ petition is allowed. Respondent is directed to place the petitioner in the pay scale of Rs.4020-6200/- w.e.f. 21.09.2004 and thereafter in the corresponding scales pursuant to the subsequent revision of pay scales. This exercise be carried out within a period of six weeks from today. All admissible benefits be also released to the petitioner within the aforesaid period. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 25, 2025
Judge Mukesh