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High CourtsDivision Bench(2022) 03 SHI CK 0026

Ashwani Kumar And Others vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 10 March 2022

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 956 Of 2022
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Judgment

9 paragraphs · 406 words

Sabina, J

1.

Petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking the following relief(s):-

“a) That a writ in the nature of mandamus may kindly be issued by directing the respondents to grant the pay scale/pay band of Rs.10,300-34800+grade pay 5400 in stead of grade pay Rs.5000/- from the date of their joining, after the issuance of the notification dated order dated 01.06.2021 (Annexure P-1) on the post of Block Development Officers, with all consequential benefits, in the interest of law and justice.

b) That the respondents may be directed to fix the pay etc. of the petitioners on the basis of grade pay of Rs.5400/- in view of judgment rendered by the Hon’ble High Court in CWP No.3660/2012 titled as Kulbir Singh Rana & Others vs. State of H.P. & Anr. Decided on 20.09.2012 (Annexure P-2), when the decision as mentioned in Annexure P-2 has also been implemented in favour of the petitioners by allowing the CWPs, No.1641/2020, 1642/2020 & 1538/2020 filed by Smt. Pushpa Devi, Sh. Satish Kumar and Sh. Atma Ram’s case respectively on 17.06.2020 & 18.06.2020 (Annexure P-3 to P-5).

c) That the respondent may further be directed to calculate and pay the leave encashment and retirement gratuity on the basis of grade pay of Rs.5400/- in view of judgment rendered by this Hon’ble High Court in CWP No.3660/2012 titled as Kulbir Singh Rana & Others vs. State of H.P. & Anr. (Annexure P-2).

d) That the respondents may be directed to grant all consequential relief’s in pursuance to pay fixation in the pay band of Rs.10,300-34800 with grade pay of Rs.5400, in the interest of law and justice.”

2.

Mr. Naresh Kaul, learned counsel for the petitioners, states that the issue in question is squarely covered by the judgment rendered by this Court in CWP No.3660 of 2012, titled Kulbir Singh Rana & Ors. vs. State of H.P. & Anr., dated 20.09.2012 (Annexure P-2). Mr. Ashwani K. Sharma, learned Additional Advocate General, is not in a position to dispute this.

3.

Accordingly, for the reasons stated in the said judgment, which shall apply mutatis mutandi to the facts of the present case, the same is allowed. Let consequential action in terms of the aforesaid judgment be taken within a period of eight weeks from today.

4.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.