State of H.P. and others vs Sh. Nitya Nand Negi and others

Justice Kurian Joseph, C.J.—This is an appeal filed by the State and others, who are respondents in CWP No. 578 of 2010 titled as Nitya Nand Negi and others vs. State of H.P. and others. The writ petitioners claimed the pay parity on the principle of equal pay for equal work. The learned Single Judge taking note of the undisputed position that in principle the issue is covered by the judgment of this Court in Mohinder Kumar and ors vs. State of H.P. & others, CWP (T) No. 7171 of 2008 decided on 22nd July, 2010 has allowed the writ petition with the direction to grant pay scale of Rs. 1800-3200 w.e.f. 1.1.1986 at par with their counter parts in other Departments of the State. There was also a direction to release the benefit within two months. It is seen that the judgment is on the basis of admitted position before the learned Single Judge and hence no appeal will lie, since it is a settled position that in case there is an error on facts, the parties have to pursue the remedy of review only. Therefore, this appeal is dismissed, so also the pending applications, if any.