Balwant Singh And Another vs State Of Himachal Pradesh And Others

L. Narayana Swamy, CJ

The case of the petitioners is that they were initially appointed as JBT Teachers on contract basis. Thereafter, the respondents have regularized their services.

The petitioners claim that on regularization, they are entitled to the benefit of revised pay scale, but, the same has not been extended to the petitioners.

The grievance of the petitioners is that the similarly situated persons have approached this Court by way of CWP (T) No. 6037 of 2008, titled H.P. Rajkiya Prathmik Anubandh Adhyapak Sangh versus State of H.P. and another (Annexure P­1), seeking the same relief, which was allowed on 30th November, 2010, and, since the petitioners claim themselves to be the similarly situated persons to the petitioner in the writ petition (supra), the same relief is prayed for by the petitioners in the instant writ petition also.

It is further submitted that though the petitioners have requested the respondents to extend the said benefit to them, but the respondents have failed to do so.

In the light of the above submissions, we are of the view that the judgment passed in the writ petition (supra) (Annexure P­1), relied upon by the petitioners, should be made available to the respondents alongwith the representation for seeking the benefit of revised pay scale. If such a representation is made by the petitioners, the respondents shall consider the same and pass appropriate orders.

To enable the respondents to consider their case, the petitioners are permitted to make a representation alongwith the copy of the order passed by this Court in CWP (T) No. 6037 of 2008 (supra). On receipt of the same, the respondents shall consider and pass appropriate orders, in accordance with law, within a period of three months from the date of receipt of the representation.

The writ petition is disposed of in above terms, so also the pending miscellaneous applications, if any.