Satish Kumar vs State of H.P. and Others <BR> Sh. Devi Saran Vs State of H.P. and Others

Justice Kurian Joseph, C.J.—The writ petitions are filed with the following prayers: CWP No. 1127 of 2012.

(i) That the respondents may very kindly be directed to grant revised pay scale of Rs. 5480-8925 to the petitioner w.e.f. 8.7.1997 to 1.4.2007 and arrears accrued there under be paid with interest @ 9% per annum, in the interest of justice.

(ii) That thepetitioner may also be kindly 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 the regularization of her services on 1.1.2006 with all consequential benefits and arrears accrued on this count be paid with interest.

(iii) That the impugned order dated 29.9.2005 at Annexure P-3 may very kindly be quashed and set aside.

(iv) That the respondents may very kindly be directed to pay the revised pay scale and other benefits from the date of initial appointment to the petitioner as is being paid to the similarly situated teachers, with all consequential benefits.

CWP No. 1128 of 2012.

(i) That the respondents may very kindly be directed to grant revised pay scale of Rs. 5480-8925 to the petitioner No. 1 w.e.f. of his initial appointment and further revision of pay of Rs. 10300-34800 w.e.f. 1.1.2006, the revised pay scale of petitioners No. 2 to 4 be revised of Rs. 6400-10300 w.e.f. of their initial appointment and further revision of pay of Rs. 10300- 34800 w.e.f. 1.1.2006 and the revised pay scale of petitioner No. 5 be revised of Rs. 3220-5160 w.e.f. of his initial appointment and further revision of Rs. 5910- 20200 w.e.f. 1.1.2006 till their regularization and arrears accrued there under be paid with interest @ 9% p.a. in the interest of justice.

(ii) That the petitioners may also be kindly held entitled for the benefit of merger of 50% DA to basic pay + 11% DA w.e.f. 30.4.2004 and further revision there of from time to time till the regularization of their services, with all consequential benefits and arrears accrued on this count be paid with interest.

(iii) That the impugned order dated 29.9.2005 at Annexure P-3 may very kindly be quashed and set aside.

(iv) That the respondents may very kindly be directed to pay the revised pay scale and other benefits from the date of initial appointment to the petitioners as is being paid to similarly situated teachers, with all consequential benefits.

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

Accordingly, the present petition is disposed of with the direction to the respondents to consider the case of the petitioners in view of the principles laid down by this Court in the judgment dated 17.11.2009, as noticed above, within a period of two months from the date of production of certified copy of this judgment by the petitioner concerned. So far as the case of the petitioners for grant of revised pay scale is concerned, the same be considered within a further period of two months after the decision rendered by this Court on LPA No. 105 of 2010. The writ petitions are disposed of, so also the pending application (s), if any.