Kumari Meera Thakur and Others and Kubja Sharma vs State of Himachal Pradesh and Others

Rajiv Sharma, J.—Since common questions of law and facts are involved in both these petitions, the same are taken up together for hearing and are being disposed of by a common judgment.

Petitioners are working as Balwari Teachers in the respondent No. 2-Council. They were appointed in the pay scale of Rs. 400-600. Thereafter on the basis of Annexure A-11 dated 13.6.1989, they were granted pay scale of Rs. 950-1800 with effect from 1.1.1986. However, petitioners have not been released pay scale of Rs. 3120-5160 with effect from 1.1.1986. Case of the respondent-State, in a nutshell, is that Himachal Pradesh Council for Child Welfare is a voluntary organization and receiving grant-in-aid from the Indian Council for Child Welfare as well as State of Himachal Pradesh for the implementation of the schemes. There is also a reference to the Himachal Pradesh Welfare Department (Grant-in-aid to Voluntary Organization) Rules, 1981. Further case of the respondent-State is that it is for the Council to release the pay scales. The State Government has already taken initiative, as is evident from Annexure A-11 dated 13.6.1989, whereby the Council has been directed to release pay scale of Rs. 950-1800 as per Annexure (II). Since a conscious decision had been taken whereby directions were issued to the Executive Officer of the Council to release the running pay scale of Rs. 950-1800, similar exercise was required to be undertaken by the respondent-State for releasing the pay scale of Rs. 3120-5160 with effect from 1.1.1996 to the petitioners. The pay scale of Rs. 950-1800 has been revised to Rs. 3120-5160 as per Annexure A-12 (Schedule) dated 20.1.1998.

Accordingly, the respondent-State is directed to consider the case of the petitioners on the analogy of Annexure A-11 dated 13.6.1989 to revise the pay scale of Rs. 950-1800 to Rs. 3120-5160 with effect from 1.1.1996. Needful be done within a period of ten weeks from the date of production of certified copy of this judgment by the petitioners.

In the light of above, both the petitions are disposed of. There shall, however, be no order as to costs.