Shyama Kumari vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

By way of this petition, the petitioner has prayed for the following substantive reliefs:

"a) That letter dated 15.7.2014 and 19.11.2014 (Annexure P-10 and 12) may kindly be quashed and set aside.

(b) Respondent may kindly be directed to grant UGC scale to applicant for which the applicant is legally and validly entitled and she may be designated as Librarian College Cadre (UGC Scale) or in alternate grant the same & similar benefit to the applicant similarly granted to petitioners of CWP (T) 4436/2008 titled as V.D. Sarswati and other versus State of H.P. with all subsequent revisions with 12 % interest on the accrued amount alongwith entire arrears, which has been allowed to their counterparts."

When this case was taken up on 26.08.2020, this Court passed the following order:-

"Learned Counsel for the petitioner submits that out of the two reliefs prayed for the petitioner, the relief pertaining to grant of U.G.C. Scale is now squarely covered by the judgment passed by this Court in CWP-T No. 4436 of 2008, titled as V.D. Sarswati and others Versus State of H.P., which judgment passed by Hon'ble Single Bench, stood affirmed by Hon'ble Division Bench of this Court in LPA No. 146 of 2009, titled as State of H.P. and others Versus V.D. Sarswati and others.

Alongwith an application, which has been filed now by the petitioner, i.e. M.A. No. 2566 of 2018, which is ordered to be taken on record, the petitioner has also appended an order passed by the competent authority, vide which the judgment so passed by Hon'ble Single Bench in CWP-T No. 4436 of 2008, titled as V.D. Sarswati and others Versus State of H.P., as affirmed by Hon'ble Division Bench in LPA No. 146 of 2009, titled as State of H.P. and other Versus V.D. Sarswati and others, stands implemented. He submits that in these circumstances, as far as the relief prayed for by the petitioner for grant of U.G.C Scale, be granted in terms of the said judgment, by ordering that the prayer is squarely covered by the above mentioned judgment(s). Learned Counsel further submits that as far as the relief prayed for by the petitioner for being designated as Librarian, College Cadre, U.G.C. Scale, she may be given liberty to file a fresh petition, praying for the said relief, by disposing of this petition.

Learned Additional Advocate General submits that he may be granted some time to ascertain as to whether part of the relief prayed for by the petitioner is covered by the judgment being relief upon by the petitioner or not.

As prayed for, list on 28.08.2020, to enable learned Additional Advocate General to have appropriate instructions."

Learned Counsel for the parties are ad idem that as far as the relief prayed for by the petitioner with regard to the grant of UGC scale is concerned, the same is squarely covered by the judgment of this Court passed in CWP-T No. 4436 of 2008, titled as V.D. Sardwati and others Versus State of H.P. as affirmed by Hon'ble Division of this Court in LPA No. 146 of 2009, titled as State of H.P. and others Versus V.D. Sarswati and others. In this view of the matter, it is directed that the directions as they stood passed in CWP-T No. 4436 of 2008, titled as V.D. Sardwati and others Versus State of H.P. as affirmed by Hon'ble Division of this Court in LPA No. 146 of 2009, titled as State of H.P. and others Versus V.D. Sarswati and others, shall be mutatis mutandi applicable in this case also.

As far as other relief being prayed for by the petitioner is concerned, i.e. for being designated as Librarian College Cadre (UGC Scale), liberty is granted to the petitioner to file a fresh petition in this regard, if so advised.

The writ petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.