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Judgment
Justice Sanjay Karol, J.—Undisputedly, petitioners are basing their claim for stepping up of their pay on the basis of benefits conferred to one Shri Bhagwan Dass who admittedly is junior to them. The decision of grant of higher pay scale in favour of Shri Bhagwan Dass was reviewed by the Government vide order dated 26th August, 2004. However, Shri Bhagwan Dass filed O.A. No.2788 of 2004 titled as Bhagwan Dass v. State of H.P. and another which was subsequently transferred to this Court and registered as CWP(T) No.11198 of 2008 and decided on 21.12.2010 by making the following observations:-
Petitioners'' salary was enhanced to Rs.7,660/-. However, the same has been reduced to Rs.6800/- on 26th August, 2004 without hearing him. Petitioner has suffered civil and evil consequences. He should have been heard before the decision was taken unilaterally to reduce his salary.
Consequently, the writ petition is allowed. Annexure A-5 dated 26th August, 2004 is quashed and set aside. However, the liberty is reserved to the respondents to proceed with the matter in accordance with law. No costs.
Copy of the said decision is taken on record. In these facts and circumstances, a direction is issued to the respondents to consider the case of the petitioners, along with the case of Bhagwan Dass, for their entitlement for stepping up of their pay. It is clarified that any decision taken in favour of Shri Bhagwan Dass shall be made applicable to the petitioners, in accordance with law. With the aforesaid observations, present petition stands disposed of. Pending application(s), if any, also stands disposed of.