Sh. Bishamber Lal vs The State of H.P.

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

i) That the Respondents may kindly be directed to grant revised pay scale of Rs. 4520-7220 to the petitioner w.e.f. 1.1.1996 to 31.12.1999 and thereafter pay scale of Rs. 5000-8100 and revised pay from time to time and the arrears accrued there under be paid with interest @ 9% in the interest of justice.

ii) 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% D.A. to the petitioner in his basic pay + 11% D.A. w.e.f. 30.4.2004 as per memorandum dated 10.6.2005 with further revision thereof from time to time to the petitioner and by further directing the Respondents to pay the arrears to the Petitioner in view of the judgment delivered in case titled as Nek Ram & others Versus State of H.P. in CWP (T) No. 14232/2008.

According to the petitioner, the issue is covered in his favour by the judgment of this Court rendered in CWP (T) No. 14232 of 2008, titled as Nek Ram & others Versus State of H.P. & others, decided on 17.11.2009. If that be so, similar treatment shall also be extended to the petitioner herein also, as extended to the petitioners in the above referred decision, in case the petitioner is 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 judgment referred to above, by the petitioner before the second respondent.

So far as the issue regarding grant of regular/revised pay scale to the petitioner is concerned, the same be considered after the decision rendered by this Court in LPA No. 105 of 2010 within another two months. The writ petition is disposed of, so also the pending application(s), if any.