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Chand Mohan and Ramesh Kumar vs State of H.P.

High Court Of Himachal Pradesh · Decided on 13 March 2012 · Citation: (2012) 03 SHI CK 0211

HON’BLE JUDGES
Kurian Joseph, J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 1288 of 2012-I
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Judgment

6 paragraphs · 351 words

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers: (i) That the respondents may very kindly be directed to grant revised pay scale of Rs. 455-7220 to the petitioners from the date of their initial appointment on contract basis and till the date of regularization and arrears accrued thereunder be paid with interest @ 9% per annum, in the interest of justice.

(ii) That the petitioner may also be kindly held entitled for the benefit of merget of 50% DA to basic pay + 11% DA w.e.f. 30.4.2004 and further revision thereof from time to time till the regularization of service on their respective dates, with all consequential benefits and arrears accrued on this count be paid with interest.

(iii) That the salary as ordered to be fixed as per communication dated 29.9.2005 may very kindly be declared void ab initio and the same may kindly be quashed and set aside, in the interest of justice.

(iv) That the respondents may very kindly be directed to pay the revised pay scale and other benefits from the date of initial appointment to the petitioner as is being paid to the similarly situated teachers with all consequential benefits.

Learned counsel appearing for the petitioners submits that the present case is covered by the judgment rendered in CWP(T) No. 14232 of 2008, titled as Nek Ram and others versus State of Himachal Pradesh and others, decided on 17.11.2009.

2.

Accordingly, the present petition is disposed of with the direction to the respondents to consider the case of the petitioners in view of the principles laid down by this Court in the judgment dated 17.11.2009, as noticed above, within a period of two months from the date of production of certified copy of this judgment by the petitioner concerned. So far as the case of the petitioners for grant of revised pay scale is concerned, the same be considered within a further period of two months after the decision rendered by this Court in LPA No. 105 of 2010. The writ petition is disposed of, so also the pending application(s), if any.