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Dharam Singh vs State Of HP And Others

High Court Of Himachal Pradesh · Decided on 29 June 2020 · Citation: (2020) 06 SHI CK 0140

HON’BLE JUDGES
Sandeep Sharma, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
CWPOA No. 677 Of 2019
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Judgment

8 paragraphs · 346 words

Sandeep Sharma, J

1.

By way of present petition filed under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs:-

"(i) Writ in the nature of mandamus may kindly be issued, directing the respondents to release the benefits of interest on delayed payment of salary, delayed payment of revised pay scale, non grant of proficiency step-up and consequent raise Annual Increment w.e.f. 1987 along with arrears and consequential benefits.

(ii) Entire record pertaining to the present case may please be summoned for kind perusal of this Hon'ble Court.

(iii) Any other order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the present case, may be passed, in the interest of justice and fair play."

2.

Learned Additional Advocate General while referring to the reply filed on behalf of respondents No. 1 to 4 states that grievance of the petitioner stands fully redressed and as such nothing remains to be adjudicated in the present petition.

3.

Having carefully perused the reply filed by respondents, this Court finds that in terms of order dated 27.5.2009, passed by this Court in CWP(T) No. 4279 of 2009 (OA No. 676 of 1997), amount qua the pending salary stands duly paid to the petitioner, vide Voucher No. 0102 dated 26.6.2010 and annual increment & increment under A.C.P. had been also released to the petitioner, vide office order No. 5077-83 dated 26.6.2010. Respondents have categorically stated in their reply that interest has also been worked out and in this regard sum of Rs. 12,749/- has been paid to the petitioner, vide Bill No. 235 dated 7.6.2012, Annexure R-1.

3.

Since, salary as well as other benefits along with upto date interest on account of delayed payment stands paid to the petitioner, nothing remains to be adjudicated in the present petition. Consequently, the present petition is disposed of, however, liberty is reserved to the petitioner to file appropriate proceedings in the competent Court of law qua the surviving grievance, if any. Pending miscellaneous applications, if any, also stand disposed of.