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2014 DIGILAW 1856 (HP)

State of Himachal Pradesh v. Kashmir Singh

2014-12-09

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2014
JUDGMENT : Mansoor Ahmad Mir, J. Challenge in this Letters Patent Appeal is to the judgment and order, dated 3rd June, 2011, made by the Writ Court in CWP (T) No. 15632 of 2008, titled as Kashmir Singh versus State of H.P. and others, whereby the writ petition filed by the writ petitioner-respondent herein came to be allowed and the writ respondents were directed to give the benefit of two increments (hereinafter referred to as "the impugned judgment"), on the grounds taken in the memo of appeal. 2. The writ petitioner had sought the following reliefs amongst others on the grounds taken in the memo of writ petition: "a) That the respondents may kindly be directed to give the benefit of FR 22 (1) (a) (1) to the applicant and step up his pay to a figure equal to the pay fixed for the junior after 1.1.1996. b) That the respondents may kindly be directed to refix the pay of the applicant with all consequential benefit including arrears in accordance with FR 22 (1) (a) (1)." 3. While going through the impugned judgment and the averments contained in the writ petition, one comes to an inescapable conclusion that the impugned judgment is not in accordance with the reliefs sought. 4. Accordingly, the impugned judgment is modified by directing the respondents to consider the case of the writ petitioner for stepping up, re-fixing his pay and releasing the benefits/arrears, in terms of the averments contained in the writ petition read with the fact that his juniors have been granted the same benefit. Consideration orders be passed within six weeks. 5. The appeal is disposed of, as indicated hereinabove, alongwith all pending applications.