High CourtsSingle Bench(2011) 11 SHI CK 0101

Baldev Singh and others vs State of H.P. and others

High Court Of Himachal Pradesh · Decided on 1 November 2011

HON’BLE JUDGES
V.K. Sharma, J
CASE NUMBER
CWP (T) No. 9236 of 2008

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Judgment

8 paragraphs · 271 words

V.K. Sharma, J.—The petition has been filed on the following prayers vide para 7(i), (ii) and (iii):

7(i)That the impugned order dated 16.02.2002 circulatedvide letter dated 7.8.2002 Annexure A-2 may be quashedand set aside.

(ii) That the respondents may be directed NOT to reducethe salary of the applicants and continue making thepayment of the salary in view of notification dated 9.11.1999 and further revised from time to time.

(iii) That the respondents may be directed not to effect therecovery from the salary of the applicants in pursuant toletter 16.2.2002 further circulated vide letter dated 7.8.2002.

2.

Defence on behalf of the respondents stands closed vide order dated 24.04.2006, passed by the erstwhile H.P. State Administrative Tribunal.

3.

The learned counsel for the petitioners submits at the very outset that the case of the petitioners is covered under judgment of this Court dated 17.11.2009, in CWP(T) No. 14232 of 2008, Nek Ram and others vs. State of Himachal Pradesh and others.

4.

In view of the above, if on facts the case of the petitioners is covered under the judgment referred to hereinabove in CWP(T) No. 14232 of 2008 and the same has attained finality and has been implemented and the petitioners are similarly situate, they shall also be treated similarly without any discrimination and benefit of the said judgment alongwith consequential benefits, if any, shall be extended to them within three months from the date of production of copies of this judgment and the judgment referred to hereinabove by the petitioners before the respondents/competent authority.

5.

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