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2011 DIGILAW 1792 (HP)

Jeewan Kumar v. State of H. P.

2011-03-30

R.B.MISRA, SURINDER SINGH

body2011
JUDGMENT R.B Misra, J In this writ petition following prayers have been made: i). That the respondents may be directed to release/restore the pay scale of ` 1640-2925 as revised w.e.f 1.1.1996 and then w.e.f 1.1.2006 as OT/Shashtri teacher namely Sh. Mohinder Singh, on the basis of judgments passed by this Hon’ble Court in CWP (T) 2903/2008 vide Annexures P-4; LPA No. 107/2009 dated 30.3.2010 vide Annexure P-5 which also stands implemented on 6.9.2010 vide Annexure P-6 forthwith. ii). That the action of the respondents in reducing the pay scale of the petitioner from ` 1640-2925 to ` 1500-2700 illegally may kindly be quashed and set-aside and the respondents may be directed to restore the scale of ` 1640-2925 as revised from time to time, to the petitioner with all consequential benefits forthwith. iii). That the action of the respondents in not acting upon the legal notice dated 8.11.2010 vide Annexure P-7 and in not releasing the benefits in terms of the judgments vide Annexures P-4 and Annexure P-5 may kindly be held to be discriminatory, malafide and illegal. It has been submitted before us that relief claimed in the present writ petition is covered by the judgment dated 4-3-2011 passed in CWP No. 957 of 2011 titled as Dev Raj Vs. State. In absence of any instructions to controvert such submission, the present writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner within 6 weeks, more specifically in the light of the observations made in the above judgment and if required to hear the petitioner or his authorized representatives. If the final decision is taken in favour of petitioner, all the eligible consequential benefits shall also be extended to him. It is also indicated that while considering the representation of the petitioner the judgment dated 23-3-2009 passed in CWP(T)No. 2903 of 2008 titled Mohinder Singh Vs. State of H.P and others as well as the judgment dated 30-3-2010 passed in LPA No. 107 of 2009 titled State of H.P & others Vs. Mohinder Singh shall also be kept into consideration. 2. In view of above, the present writ petition is disposed of.