Petitioners challenging payment of salary as Lab. Attendants when absorbed against posts of Lab. Assistants. Court held that without a separate 'Attendant' post in rules, petitioners are entitled to the difference in pay for the tenure before privatization.
Direction to grant difference in salary corresponding to Laboratory Assistant pay for the relevant period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP.No.1987 of 2008.
Judgment reserved on:21.8.2012.
Date of Decision:3.9.2012.
1.Sukhdev Singh son of Sain Dass, resident of Village and P.O.Kalewal Beet, Tehsil Garhshankar, District Hoshiarpur, Pb.
…Petitioners.
Versus.
--Respondents.
Coram:
Hon’ble Mr. Justice Dev Darshan Sud, Judge .
Whether approved for reporting1?.No.
For the petitioner: Mr.Sanjeev Bhushan, Advocate. For Respondent: Mr.P.K.Sharma, Addl. Advocate General.
Whether reporters of the Local papers are allowed to see the judgment?yes.
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Dev Darshan Sud, J.
This writ petition has been preferred by the petitioners herein seeking the difference in pay scale granted to them. The case pleaded is that according to the notifications which were issued, they were entitled to the pay scale of Lab. Assistants against which posts they were absorbed by the State vide notification Annexure: P2. They plead that they were considered for allowance of pay against the post of Lab. Attendant which is a Class-IV post.
“ Government of Himachal Pradesh Department of Higher Education.
No.EDN-A-Ja(2)-2/2006 dated Shimla-2 the 4th January, 2007. Notification .
The Governor, Himachal Pradesh is pleased to order the taking over of services of Teaching and Non-teaching staff of SVSD College, Bhatoli, Distt. Una w.e.f. 14.9.2006 i.e. the date of take over as per Annexures “B”, “C” and “D” respectively as per UGC guidelines, R&P rules of the concerned Categories and terms and conditions of taking over of staff of private colleges notified vide Notification No. Chha(15)-3/86-Shiksha-Ka, dated 25.8.94 subject to decision of the Hon’ble Court in CWP No. 18/2001.
The Governor, Himachal Pradesh is further pleased to order the creation of teaching and non-teaching posts for the college as under:-
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Laboratory Staff
1.Lab. Asstt. (Class-III) 4 posts. 2. Lab. Attendent 5 posts (Class-III).
3.Lab. Attendent 1 post. (Class-IV
The post of Librarian created for this college will be filled up through promotion/transfer. The service of present incumbent is to be taken over as Asstt. Librarian and may be posted in other college or elsewhere against vacant post of Asstt. Librarian……………………………….
Laboratory Staff:
| S. N. |
Name & Father’s name of the employee |
Deng. Appointed by nature of appointment |
Date of Birth & Date of Appi. |
Educati on Qualific ation |
%age of marks |
Board/ University |
Bonafide of Himachal yes/No. |
Propose-d designation |
|---|---|---|---|---|---|---|---|---|
| 1. | Sh.Bal Kishan son of Parkash |
Lab.Asstt. Management permanent. |
7.5.53 11.12.79 |
Matric PUC |
43.66 37.75 |
HPB HPU |
Himachali Bonafide certificate |
Lab.Asstt. Class-III. |
| 2. | Sukh Dev Singh |
Lab.Asstt. Managem. Permanent |
21.5.62 11.12.79 |
Matric | 41.64 | PSEB | Himachali Bonafide certificate required |
Lab.Asstt. Class-III. |
| 3. | Sh.Suraj Kamal son of .Baldev Chand |
Lab.Asstt. Manage. Permanent |
30.1.65 10.9.81 |
Matric PUC Dip.in Lab. Science. |
55.22 36.87 66.6 |
HPB HPU KU |
Himachali Bonafide Certificate Required |
Lab. Asstt. Class-III. |
| 4. … |
Sh Rakesh Kumar S/o Sh. Jyoti Parkash ………… |
Lab.Asstt. Managem Permanent …………… |
5.4.63 10.9.81 ………… |
Matric PUC ……… |
52.88 40.25 ……… |
HPB HPU ……” |
Himchali Bonafide Certificate Required. |
Lab.Asstt. Class-III. |
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respondents submit that according to notification Annexure:P2, four posts of Lab. Assistants (Class-III) and five posts of Lab. Attendants (Class-III) and one post of Lab Attendant (Class IV) were created and according to the Government, they were recommended to be designated as Laboratory Assistants (Class III). The respondents submit that in private aided colleges, there is no post of Lab. Assistant but only of Lab. Attendant. And in this event; they were not entitled to the pay scales as claimed by them.
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vide Annexure:P2, they could not be granted the pay scales of Laboratory Assistants but, in fact, have been correctly paid the scales of Lab. Attendants. I cannot accept this submission.
(Dev Darshan Sud), Judge.
September 3,2012(R)
2 issues framed by the court
Whether petitioners absorbed against the post of Laboratory Assistant are entitled to the difference in pay despite being paid as Lab. Attendants.
Whether the absence of a 'Laboratory Attendant' post in Government rules precludes the denial of pay scales claimed by the State.
2 provisions across 2 enactments
Sukhdev Singh others
State of HP
Dev Darshan Sud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
