Reena Kumari Sharma and Others vs State of HP and Others

Justice Kurian Joseph, C.J.—The Writ Petition is filed with the following prayers:-

(i). That a 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 + 11% DA w.e.f. 30.4.2004 as per memorandum dated 10.6.2005 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.

(ii) That the respondent may very kindly be directed to grant revised pay scale of Rs.5480-8925, Rs.5000-7500 and Rs.6400-10800 to the petitioners who are working as TGTs, C&V teachers and Lecturers respectively from the date the para teachers have been brought at par with contract teachers i.e. w.e.f. 1.4.2007 and further revision of pay scale Rs.10300-34,800 plus Grade Pay of Rs.3200/- Rs.3600/-and Rs.4200/- respectively and the arrear accrued thereunder be paid with interest @ 9% p.a. in the interest of justice and further directing the respondents to release 3% increase/hike in the pay as increment every year as has been notified by the government in respect of the similarly situated teachers. The respondents may be further directed to grant 3% increment to the petitioners as is being paid to the contract teachers from the date the contract teachers have been held entitled.

According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP No. 4954 of 2012, titled as Madan Lal and others Versus State of H.P. & others, decided on 7th November, 2012. If that be so, 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 by the petitioner concerned before the competent authority.

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