Shamsher Singh vs State Of HP And Another

Tarlok Singh Chauhan, J

The instant petition has been filed with the following prayers:

“That a writ of mandamus be issued and the respondent be directed to grant pay scale of school lecturer /PGT i.e. Rs 10300­34800+ Grade pay of Rs. 5400 to the petitioner from the date of promotion to the post of DPE (Diploma holder in physical education) with all consequential benefits and amount of arrear be paid along with interest to the petitioner from the date of accrual till the date of realization as per judgment passed by this Hon'ble court in LPA 380 of 2011 titled as State of H.P. versus Mukesh Manhas and others and promotion order (Annexure P­2) be modified qua DAY petitioner accordingly in the interest of justice and yisir fair play.

B. That the respondent be directed to make fixation of salary as pay scale of school lecturer with all consequential benefits in the interest of justice and fair play.

C. Any other relief in the facts and circumstances of the case, as deemed fit by this Hon'ble court, may also kindly be passed in favour of the petitioners and against the respondents.

According to the petitioner, the issue in question is no longer res integra and is squarely covered by the judgment rendered by the Coordinate Division Bench of this court in LPA No.380 of 2011 titled State of HP and another versus Mukesh Manhas and others decided on 20.9.2012 (Annexure P­5). This is the matter, which is required to be considered by the respondents employer on the merits of the case.

Accordingly, we dispose of this writ petition by directing the respondents to consider and decide the instant case in the light of the aforesaid judgment and if the case of the petitioner is found to be covered by the judgment of Mukesh Manhas, (supra) then the same and similar benefits be extended to the petitioner also. The entire exercise be completed within a a period of six months from today.

The petition is accordingly disposed of alongwith pending applications, if any.