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Mukand Lal vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 28 December 2010 · Citation: (2010) 12 SHI CK 0221

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Ahuja, J
CASE NUMBER
CWP No. 8188 of 2010
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Judgment

6 paragraphs · 336 words

Kurian Joseph, C.J.—All these writ petitions have been filed with identical prayers. One set of prayers is extracted below:

i) That the Respondents may be directed to release/restorer the pay scale of Rs. 1640-2925 as revised w.e.f. 1.1.1996 and then w.e.f. 1.1.2006 as OT/Shastri teacher when restored and released to a similarly situated OT/Shastri teacher namely in case of Sh. Mohinder Singh, on the basis of judgments passed by this Hon''ble Court in CWP(T) 2903/2008 vide Annexures P-4; LPA No. 107/2009 dated 30.3.2010 vide Annexure P-5 which also stand implemented on 6.9.2010 vide Annexure P-6 forthwith.

ii) That the action of the Respondents in reducing the pay scale of the Petitioner from Rs. 1640-2925 to Rs. 1500-2700 illegally may kindly be quashed and set -aside and the Respondents may be directed to restore the scale of Rs. 1640-2925 as revised from time to time to the Petitioner with all consequential benefits forthwith.

iii) That the action of the Respondents in not deciding the legal notice dated 8.11.2010 vide Annexure P-7 and not releasing the benefits in terms of the judgments vide Annexures P-4 and Annexure P-5 may kindly be held discriminatory, mala fide and illegal.

2 It is evident that the similarly situated persons have already been granted the benefits as can be seen from Annexures P-4 and P-5. It is submitted that Annexure P-5 judgment passed by this Court in LPA No. 107 of 2009, titled State of H.P. and Ors. v. Mohinder Singh, on 30.3.2010, has become final. There will be a direction to the second Respondent/competent authority to take appropriate action in the cases of the Petitioners herein also, without discriminating them, within a period of four months from the date of production of a copy of this judgment alongwith a copy of the writ petition by the Petitioners. Consequential benefits to which the Petitioners are found eligible shall also be disbursed within another one month.

3.

With these directions, the Writ Petitions are disposed of, so also the pending application(s), if any.