Kuldeep Kumar and Others vs State of H.P.

Justice Kurian Joseph, C.J.—The Writ Petition is filed mainly with the following prayers: i). That the Respondents may very kindly be directed to grant revised pay scale of Rs. 6400-10,640/- to the Petitioner w.e.f. 01/01/2006 till their regularization and arrears accrued there under be paid with interest @ 9% per annum, in the interest of justice.

ii) That the Petitioners may also be kindly held entitled for the benefit of merger of 50% D.A. to the basic pay + 11% D.A. w.e.f. 30/04/2004 and further revision thereof from time to time till the regularization of his services, with all consequential benefits and arrears accrued on this count be paid with interest.

iii) That the impugned order dated 29/09/2005 at Annexure P-3 may very kindly be quashed and set aside.

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 Petitioners as is being paid to the similarly situated teachers, with all consequential benefits."

According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP (T) No. 14232 of 2008, titled as Nek Ram & others Versus State of H.P. & others, decided on 17.11.2009. If that be so, similar treatment shall also be extended to the petitioners herein also, as extended to the petitioners in the above referred decision, in case the petitioners are also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition and copy of the judgment, referred to above, by the petitioner concerned before the second respondent/competent authority. We also make it clear that in case subject matter is pending before the Apex Court, the implementation of this judgment need only be subject to the final out come of the said case, within another two months. 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.