Hem Raj vs State of Himachal Pradesh

Justice Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayers:-

(a) Issue a writ of mandamus or any other writ, order, direction directing the respondents to pay to the petitioners the benefit of merger of 50% of D.A. into basic pay + 11% D.A. w.e.f. 01.04.2004 in the revised pay scale and further revision thereof from time to time till the regularization of their services on their respective dates, with all consequential benefits and arrears accrued on this count with interest as per the judgment of this Hon''ble Court in CWP (T) No. 14232/2008 titled as Nek Ram & others V/s State of H.P. and others, dated 17.11.2009.

(b) That the respondents may kindly be directed to grant the revised pay scale of (Rs.6400-10640) to the petitioners and other benefits from due date as given to other similarly situated persons with interest and with all consequential benefits.

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

Accordingly, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner in the light of the principles laid down by this Court in the judgment dated 17.11.2009 as noticed above, within a period of three months from the date of production of certified copy of this judgment by the petitioner and copy of the judgment referred to above. So far as the case of the petitioner for the grant of regular/revised pay scale is concerned, the same be considered after the decision rendered by this Court in LPA No. 105 of 2010.

Pending application(s), if any, also stands disposed of. No costs.