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High CourtsDivision Bench(2013) 01 SHI CK 0082

Pankaj Chauhan and Others vs State of Himachal Pradesh and Others

High Court Of Himachal Pradesh · Decided on 9 January 2013

HON’BLE JUDGES
Kurian Joseph, C.J · Sanjay Karol, J
CASE NUMBER
CWP No. 239 of 2013-D
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Judgment

5 paragraphs · 351 words

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

1) That writ in the nature of Mandamus and any other writ, order or direction may kindly be issued directing the respondents to extend the benefit of merger of 50% dearness allowance to basic pay plus 11% DA with effect from 30.4.2004 as per the memorandum dated 10.06.2005 and further revision from time to time to the Petitioners by further directing the respondents to pay the arrears to the petitioner in view of the judgment delivered in case titled as Nek Ram Versus State of HP in CWP (T) No. 14232/2008.

2) That the Petitioners may also be allowed revision of pay scale from the actual date it accrued in terms of the judgment as rendered in LPA No. 105/2010. The respondents may be further directed to grant increments and revised pay scale of Rs. 5480-8925, Rs. 5000-Rs. 7500 and Rs. 6400-10,800 to the Petitioners who are working as TGT''S, C & V Teachers and Lecturers respectively from the actual date and further revision of pay scale of Rs. 10300-34,800 plus Grade Pay of Rs. 3200/- Rs. 3600/- and Rs. 4200/- respectively and the arrear accrued there under to be paid with interest at the rate of nine percent per annum in the interest of justice.

According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP No. 4954 of 2012 and connected matters, titled as Madan Lal & others versus State of H.P. & others, decided on 7.11.2012. If that be so, a similar treatment shall also be extended to the petitioners herein also, as extended to the petitioners in the above referred decision, in case the petitioners are also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition and copy of the judgment, referred to above, by the petitioner concerned before the second respondent/competent authority.

2.

The Writ Petition is disposed of, so also the pending application (s), if any.