Shiv Dev & Ors vs State Of H.P. & Anr

Jyotsna Rewal Dua, J

The petitioners have filed the present petition for the grant of following substantive reliefs: -

“(i) That the respondent state may be directed to grant higher grade pay scale to all the original applicants as is being paid to all the similarly situated DPEs who are teaching 10+1 and 10+2 classes like original applicants in Government Senior Secondary School in the State of Himachal Pradesh from the date the same fell due to the original applicants and as is being paid to para teacher Lecturer (School Cadre) alongwith interest @ 12% per annum.

(ii) That this Hon’ble Tribunal may be pleased to direct the respondent State to pay to the applicants same honorarium from 1.4.2007 as was being paid to the para teacher Lecturers (School Cadre) and as enhanced vide office order dated 29.03.2010 alongwith interest.”

Following order was passed in the matter on 5. 01.2022: -

“Learned counsel for the petitioner states that his client is eligible and squarely covered by Annexure A1 and relief No.1, as claimed in the petition, the respondents have to grant him in all probabilities.

Learned Deputy Advocate General states that since he has not received the instructions yet, the matter may be adjourned.

As prayed for, list on 3rd March, 2022. In the meantime, the respondents may consider the request, as made by the learned counsel for the petitioner.”

The instructions in terms of above extracted order were finally placed on record during hearing of the case on 5. 05.2022, when the following order was passed: -

“Mr. Bhupinder Singh Thakur, learned Deputy Advocate General, on the last date of hearing, has placed on record certain instructions along with letter dated 9.3.2022, relevant portion of which is extracted herein-below:

“xx xx xx Accordingly, the matter has been examined and it has been found that petitioners in CWP no. 3921/2020 are similarly situated to the petitioners in CWP No. 2114/2008. Hence, they are entitled for the same after regularization instead of w.e.f. 1.6.2008 when they were serving as DPEs under para policy i.e. their services were not on regular basis with the department. xx xx xx”

It is not clear what is the reason for not granting the benefits. Accordingly, respondent No.2 is directed to grant the benefit(s) as granted to other similarly situated persons, as admitted in the para supra, on or before the next date of hearing.

List on 3.6.2022, on which date some responsible officer not below the rank of Secretary will remain present in person in the Court.”

Today, learned Additional Advocate General has placed on record fresh instructions dated 24/25.05.2023, relevant portion of which reads as under:-

“To

The Director of Higher Education

Himachal Pradesh, Shimla.

Subject:- CWPOA No.3921/2020 titled as Shiv

Dev & Ors Versus State of H.P. and others.

Sir,

In reference to your letter No. EDN-HE(18)LC-160/2018 dated 29th Dec. 2022 on the subject cited above. The above mentioned letter was received from the Director of Higher Education for seeking valuable opinion of Ld. Advocate General and same was placed before the learned Advocate General and he has opined as under:-

“Benefit may be granted from the date of regularization”

This is for your information please.”

In view of above instructions, the present petition is disposed of with a direction to the respondents to implement the aforesaid instructions dated 24/25.05.2023 by granting due and admissible benefits to the petitioners within a period of six weeks from today. However, liberty is reserved to the petitioners to seek redressal of their surviving grievances, if any, in accordance with law.

The pending miscellaneous application(s), if any, also stand disposed of.