- (1.) THE petitioners by way of this writ petition under Articles 226 and 227 of the Constitution of India have prayed that they may be held entitled to pay scale of Rs. 570 -1080 and allowances as Junior Assistants and pay scale or Rs. 400 - 600 and the allowances for the period they had worked as Clerks, which is being paid to the corresponding staff of employees in the head office as well as other units of M/s. Himachal Pradesh Mineral and Industrial Development Corporation Ltd. , Shimla, Respondent No. 1. During the pendency of the writ petition, T. V. Factory Chambaghat, District Solan, where the petitioners were employed, was transferred to Himachal Pradesh State Electronic Development Corporation, which was added as party Respondent No. 3, subject to just exceptions, by order dated June 6, 1991 passed in C. M. P. No. 450 of 1991. It is not in dispute, that both Respondents No. 1 and 3 are the companies registered under the Companies Act, 1956 and fully owned by the State of Himachal Pradesh.
(2.) THE case set up by the petitioners in the writ petition is that Respondent No. 1 appointed Petitioner No. 1 as daily waged Supervisor-cum-Clerk and posted him in H. P. M. I. D. C. Civil Work, Chambaghat on March 2, 1975. Later on he was transferred and posted as Clerk in T. V. Factory at Solan, which was being run as unit of Respondent No. 1. He was regularised as Clerk in the pay scale of Rs. 190-8-230/eb-12-364 on Punjstar Pattern (Annexure P-2 ). Thereafter, he was promoted as Junior Assistant in the pay scale of Rs. 500-12-560/16-640/20-780 on Punjab Wireless System Pay Pattern by order dated September 12, 1985 (Annexure P-11 ).
(3.) SIMILARLY, Petitioner No. 2 was appointed as Mate Clerk on March 24, 1976 on a consolidated salary of Rs. 250 per month and was posted in T. V. Factory, Chambaghat. He was regularised as Clerk in the pay scale of Rs. 190-8-230/eb-20-280 on Punjstar pattern vide order dated December 19, 1978 (Annexure P-3) and further promoted as Junior Assistant (Accounts)-cum-Cashier in the pay scale of Rs. 500-12-560-15-640-20 780 on Punjab Wireless System Pay Pattern vide Office Order dated January, 3, 1985 (Annexure P-17 ). Petitioner No. 3 was also appointed as Training Clerk on August 2, 1976 by Respondent No. 1 and was posted in T. V. Factory, Chambaghat. Later on he was appointed as Clerk in the pay scale of Rs. 190-8-230/eb20-280 on Punjstar Pattern vide Office Order dated December 19/20, 1978 (Annexure P-19) and promoted as Junior Assistant (Stores) in the pay scale of Rs. 300-15-360-EB-20-580 vide Office Order dated February 21, 1981 (Annexure P-24) on the Punjstar Pattern.;