State of Himachal Pradesh vs Sh. Vijay Kumar Nayar, Sh. Rafiq Mohammed and Sh. Yog Raj Sharma at present Physical Training Instructor G.P. Rohru, District Shimla, H.P.

R.B. Misra, Judge

The present appeal has arisen in reference to CWP(T) No. 2864 of 2008 (Vijay Nayar and others Versus State of H.P. and another), whereby the learned Single Judge vide above impugned judgment dated 19.6.2009 has allowed the claim of the writ petitioners, directing the State by granting them the pay scale of Rs. 1640-2925 w.e.f. 1.1.1986, as was being paid to Assistant Physical Training Supervisors/Diploma Holders in the Physical Education.

In order to adjudicate the present LPA, it is necessary to give the factual background of the case. The respondents / writ petitioners were appointed as Physical Training Instructors in Government Polytechnics, in the pay scale of Rs. 220-500, revised to Rs. 620-1200 w.e.f. 1.1.1978 and thereafter, revised to the scale of Rs. 1500-2640 w.e.f. 1.1.1986. The minimum essential qualification prescribed for filling up the post of Physical Training Instructors is graduate with diploma/degree in Physical education from recognized University/Institution. The writ petitioners were having same qualification and were appointed in the same pay scale of Rs. 220-500 as Assistant Physical Training Supervisors/Diploma Holders of Physical Education. The writ petitioners were discharging the same duties as has been discharged by Assistant Physical Training Supervisors/Diploma Holders in Physical Education. However, while revising the pay scale in the year, 1989, the writ petitioners were discriminated and were put in lower pay scale of Rs. 1500-2640 instead of Rs. 1640-2925.

Learned Single Judge after scrutiny of the records and after going through the pleadings of the parties, has rightly arrived at the finding that writ petitioners were in possession of same educational qualifications and since were discharging the same duties, as such, their claim for Rs. 1640-2925 is legally correct. There is no occasion on our part to take a different view. Therefore, we are of the considered view that the writ petitioners are entitled to the same pay scale of Rs. 1640-2925 w.e.f. 1.1.1986, as such, the impugned judgment dated 19.6.2009 requires no interference. The LPA is accordingly dismissed.