- (1.) This appeal has been filed on behalf of the State of Himachal Pradesh for setting aside an order of the Himachal Pradesh Administrative tribunal (hereinafter referred to as "the tribunal") holding that petitioners-respondents, who are the Project Officers, are entitled to the pay scale of Rs. 1,200-1,700, as is allowed to the Project Officers in the State of Punjab. A further direction has been given that petitioner-respondent I shall be entitled to the said pay scale with effect from 1/04/1981 and petitioner-respondent 2 with effect from october (sic) , 1981, the date of his appointment.
(2.) The tribunal was of the view that the State of Himachal Pradesh invariably followed the Punjab pattern of scales of pay with regard to various categories of employees in the State and as soon as there was any increase in the pay scales of the employees in the State of Punjab, the same automatically became applicable to their counterparts in the State of Himachal Pradesh. As the pay scale of Project Officers in the State of Punjab was Rs. 1200-1700, according to the tribunal, there was no justification on the part of the State of himachal Pradesh not to give the same scale of pay to the respondents who were also Project Officers.
(3.) It appears that an office memorandum dated 2/11/1979 was issued by the State government saying: "The State government has adopted the Punjab pattern of scales of pay for its employees. To conform to that pattern, the scales of pay of various services which are not manned by the All India Services Officers were last revised from 1/02/1968 or February 1/02/1971 and subsequent dates. The Punjab government, on the recommendations of the second Pay Commission, have further revised the pay scales of their services with effect from 1/01/1978. Accordingly the governor, himachal Pradesh, under Article 309 of the Constitution and proviso to sub- rule (1 of Rule 10 of the Vidhan Sabha (Recruitment and Conditions of service) Rules, 1972 insofar as services/posts of Vidhan Sabha Secretariat are concerned, is pleased to order revision of pay scales of various services/posts in Himachal Pradesh with effect from the 1st day of January 1978, as shown in the attached schedules. . ";