Madan Lal vs State of H.P. and Others

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. 5000-8100/- to the Petitioner w.e.f. 31/12/2005 & further revision of Rs. 10300-34800 w.e.f. 01/01/2006 and arrears accrued there under be paid with interest @ 9% per annum, in the interest of justice.

ii. 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.

iii. That the petitioner 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 on 12/01/2010 with all consequential benefits and arrears accrued on this count be paid with interest.

iv. That the salary as ordered to be fixed vide Annexure P-4 dated 29/09/2005 and Annexure P-5 dated 08/08/2006 may very kindly be declared void ab ibnitio and the same may kindly be quashed and set-aside, in the interest of justice."

According to the petitioner, the issue is covered in his 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 petitioner herein also, as extended to the petitioners in the above referred decision, in case the petitioner is 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 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 petitioner 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.