Naresh Kumar and Others vs State of Himachal Pradesh and Another

Kurian Joseph, C.J.—The writ petitions are filed with the following prayer:

That writ in the nature of mandamus may kindly be issued, directing the Respondents to extend the benefit of merger of 50% Dearness Allowance with basic pay as per memorandum dated 10062005 to the Petitioners by further directing the Respondents to pay the arrears to the Petitioners in view of the judgement titled as Nek Ram v. State of H.P.C.W.P (T) No. 14228/2008.

It is submitted that a similar issue has been considered by this Court leading to the judgment in Nek Ram and Ors. v. State of Himachal Pradesh and Ors. CWP(T) No. 14232 of 2008, decided on 17.11.2009. It is also submitted that the judgment has been implemented and it has attained finality.

These writ petitions are hence disposed of directing the Respondents/competent authority to examine the case of the Petitioners herein and extend a similar treatment to them also as extended to the Petitioners in the judgment referred to above, in18 case they are similarly situated to the Petitioners in the judgment referred to above. The needful shall be done within a period of four months from the date of production of a copy of this judgment alongwith a copy of the judgment, referred to above and a copy of the writ petition.