Naresh Kumar vs State Of Himachal Pradesh And Another

Sandeep Sharma, J

By way of instant petition filed under Art. 226 of the Constitution of India, the petitioner has prayed for the following main reliefs:

“i. That the respondent department may kindly be directed to refix the pay of the petitioner and to further protect the pay of the petitioner as under FR 22 (1)(a)(i) to next stage higher than lastly drawn to the post of Lecturer on promotion as Headmaster and to provide all consequential benefits to the petitioner as per the fresh fixation of pay and pension.

ii. That the respondents may kindly be directed to consider the case of the petitioner and extend the benefit in the light of the direction passed by the Hon'ble Court vide judgment dated 07.07.2022 in he CWP No. 842 of 2017 titled as “State of H.P. and Others Versus Sardari Lal and Another.”

Learned counsel for the parties are ad-idem that the issue raised in the instant petition has been settled by this court in State of Himachal Pradesh v. Sardari Lal and Another, CWP No. 842 of 2017 and connected matters, decided on 7.7.2022, 2022 SCC OnLine HP 3612.

In view of aforesaid fair stand adopted by learned counsel for the parties, present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in light of Sardari Lal supra, within a period of four weeks. Needless to say, authority concerned shall afford opportunity of hearing to the petitioner and pass a speaking order thereafter. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved.

All pending application(s), if any, also stands disposed of.