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2013 DIGILAW 98 (HP)

Milat Ram v. State of HP through its Principal Secretary (Education) to the govt. of HP, Shimla

2013-02-25

KURIAN JOSEPH, SANJAY KAROL

body2013
JUDGMENT Kurian Joseph, C.J. The writ petition is filed with the following prayers:- “i) That writ in the nature of mandamus and any other writ, order or direction may be issued quashing the action of the respondents, whereby the petitioners have been denied the revised pay of Rs.5480-8925 plus other allowances admissible from time to time from the date of appointment and pay scale of Rs.10300-34800 plus grade pay of Rs.3600/- plus other allowances admissible from to time as per the Rules from the date of appointment in view of the judgment passed by the Division Bench in LPA No. 105 of 2010 titled as State of HP vs. Rakesh Chand and others. (ii) That the writ in the nature of mandamus and any other writ, order or direction may kindly be issued directing the respondents to extend the benefit of merger of 50% dearness allowance to basic pay plus 11% DA w.e.f. 30.4.2004 as per memorandum dated 10.6.2005 and further revision from time to time to the petitioners by further directing the respondents to pay the arrears to the petitioners in view of the judgment delivered in case titled as Nek Ram vs. State of HP in CWP (T) No. 14232 of 2008.” 2. Learned counsel appearing for the petitioners submits that the present case is covered by the judgment rendered in CWP(T) No. 14232 of 2008, titled as Nek Ram and others versus State of Himachal Pradesh and others, decided on 17.11.2009. 3. Therefore, there will be a direction to the respondents to consider the case of the petitioners in view of the principles laid down by this Court in the judgment dated 17.11.2009, as noticed above, within a period of two months from the date of production of certified copy of this judgment by the petitioner concerned. 4. So far as the case of the petitioners for grant of revised pay scale is concerned, the issue is covered in their favour by the judgment dated 13.12.2012 of this Court rendered in LPA No. 105 of 2010, State of H.P. Vs. Rakesh Chand and others. 4. So far as the case of the petitioners for grant of revised pay scale is concerned, the issue is covered in their favour by the judgment dated 13.12.2012 of this Court rendered in LPA No. 105 of 2010, State of H.P. Vs. Rakesh Chand and others. If that be so, similar treatment shall also be extended to the petitioners herein also, as extended to the writ petitioners in the above referred decision, in case the petitioners are also similarly situated, within a period of two months from the date of production of a copy of this judgment along with a copy of the writ petition and the copy of the judgment, referred to above, by the petitioner concerned before the third respondent. 5. The writ petition is disposed of, so also the pending application(s), if any.