Neena Kumari Sharma vs State of Himachal Pradesh

Justice Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayers:-

A. That this writ petition may kindly be allowed and writ in the nature of mandamus and the respondents may be directed to grant revised pay scale of Rs.4550-7220/- and arrears accrued there under may kindly be ordered to be paid @ 9% per annum in the interest of justice.

B. That the petitioner may also be held entitled for the benefit of merger of 50% DA to basic pay +11% DA w.e.f. 30.4.2004 and further revision thereof from time to time till regularization of their services.

Learned counsel for the petitioner submits that the present lis is covered by the judgment rendered in CWP(T) No. 14232 of 2008, titled as Nek Ram and others v. State of Himachal Pradesh and others, decided on 17.11.2009.

Accordingly, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner in the light of the principles laid down by this Court in the judgment dated 17.11.2009 as noticed above, within a period of three months from the date of production of certified copy of this judgment by the petitioner and copy of the judgment referred to above. So far as the case of the petitioner for the grant of regular/revised pay scale is concerned, the same be considered after the decision rendered by this Court in LPA No. 105 of 2010.

Pending application(s), if any, also stands disposed of. No costs.