Dharam Pal Shukla & Ors vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

Notice. Mr. L.N.Sharma, learned Additional Advocate General, appear and waives service of notice on behalf of the respondents.

2 With the consent of learned counsel for the, parties the matter is heard at this stage.

This writ petition has filed for the grant of following substantive reliefs:-

“i) That the respondents may very kindly be directed i to grant to the petitioners the pay scale of Rs. 1640-2925/- from the date of their initial appointments, revised to Rs.5480-8925/- w.e.f. 01.01.1996 and thereafter to further corresponding revision w.e.f. 01.01.2006 and 01.01.2016, as is prescribed for the post of Language Teacher, instead of the pay scale of Rs.1520-2640/- revised to Rs. 5000-8100/- w.e.f. 01.01.1996 and thereafter to further corresponding revision w.e.f. 01.01.2006 and 01.01.2016, with all consequential benefits and arrears, which may kindly be ordered to be paid with interest at the rate of 9% per annum.

ii) That the respondents may be directed to refix the pension of the petitioner Nos. 3 and 4 in terms of the enhanced pay scale and further to make payment of arrears of pension with interest at the rate of 9% per annum.”

Learned counsel for the petitioners states that the issue raised by the petitioners in the instant petition has already been adjudicated upon in several previous decisions vis (i) in CWP No. 3341 of 2019 (Madan Lal Sharma Vs. State of Himachal Pradesh and Anr.) decided on 04.09.2021 and (ii) CWP No. 8943 of 2023 (Dhanbir Singh and others Vs. State of H.P. and others), decided on 15.012.2023. Reference was also made to a decision rendered in CWPOA No. 208 of 2019 (Narayan Dutt Vs. State of Himachal Pradesh and others) on 02.01.2024.

Learned counsel for the petitioners states that the petitioners would be satisfied in case they are permitted to make a fresh representation in the light of aforesaid decisions to respondent No.2/competent authority for consideration of their cases for grant of reliefs prayed for by them. Learned Additional Advocate General has no objection for this prayer.

In view of the above submissions, this writ petition is disposed of by permitting the petitioners to make a fresh representation to respondent No.2/competent authority within two weeks from today, which shall be considered and decided by respondent No.2 /competent authority in accordance with law within a period of six weeks thereafter in light of aforesaid decisions. The decision so arrived at shall also be communicated to the petitioners.

Pending miscellaneous application(s), if any, also to stand disposed of.