Sh. Duni Chand and Others vs State of Himachal Pradesh and Others

Justice Kurian Joseph, C.J.—The writ petition has been 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% D.A. w.e.f. 30.4.2004 as per 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 H.P. in CWP(T) No. 14232/2008.

(ii) That the respondent may very kindly directed to grant revised pay scale of Rs. 5480-8925 and Rs. 6400-10800 to the petitioners who are working as TGTs 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. 3600 and Rs. 4200 respectively and the arrear accrued there under 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, they are similarly situated as the petitioner in the decision rendered by this Court in CWP No. 4954 of 2012, titled Madan Lal and others Vs. State of Himachal Pradesh and others, decided on 07.11.2012. In case the petitioners are similarly situated as the petitioners in the judgment referred to above, similar treatment shall be given to the petitioners herein also, after verifying the facts, within a period of three months from the date of production of a copy of this judgment alongwith a copy of the judgment, referred to above, by the petitioners before the competent authority.

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