Ashwani Kumari vs State of H.P. and Another

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

i) Writ in the nature of mandamus may kindly be issued, directing the respondents to grant the benefit of pay fixation and counting of the service for the purpose of pension w.e.f. 28.2.1987 to 1.5.1995 in favour of the petitioner as has been allowed to similarly placed persons in the department of Education, Government of Himachal Pradesh along with consequential benefits.

The petitioner claims the benefit of increments during the tenure period of service rendered by her and also count the said period for the purpose of pension. According to the petitioner, the issue is covered in her favour by the judgment of this Court dated 16.12.2010 rendered in CWP No. 4550 of 2010 titled as Ravi Kumar vs. State of H.P. & Others.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioner submits that she would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for her to do so.

Therefore, the writ petition is disposed of directing the respondent concerned to examine the matter and verify the facts in the light of the judgment referred to above and take appropriate action thereon within a period of four months from the date of the 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.

The writ petition is disposed of, so also the pending applications, if any.