High CourtsSingle Bench

Subhash Sharma vs State Of Himachal Pradesh And Another

High Court Of Himachal Pradesh · Decided on 22 December 2023 · Citation: (2023) 12 SHI CK 0049

HON’BLE JUDGES
Bipin Chander Negi, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 10578 Of 2023
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Judgment

8 paragraphs · 262 words

Bipin Chander Negi, J

1.

The present petition has been filed by the petitioner seeking following substantive reliefs:-

“(i) That writ in the nature of mandamus may very kindly be issued, directing the respondents to grant the benefit of higher pay to the petitioner on promotion from the post of Lecturer to the post of Headmaster as per Fundamental Rules 22(1)(a)(1).

The pay of the petitioner on the post of Headmaster may be fixed at next higher stage vis-à-vis the pay the petitioner was getting on the post of Lecturer at the time of promotion and further pay till date be also re-fixed as such. The petitioner may be extended the benefit of the principles as laid down in judgment dated 07.07.2022, Annexure P-1, passed by this Hon’ble Court in CWP No.842 of 2017 titled as State of H.P. and others versus Sardari Lal and another in favour of the petitioner, with all consequential benefits. Any wrongful recovery may be set aside.”

2.

Since in the case at hand, a writ of mandamus is being sought, therefore, in the facts and attending circumstances of the case, it was incumbent upon the petitioner to have first approached the respondent/authority for redressal of his/her grievance, which is being sought in the present petition.

3.

Faced with the aforesaid, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to approach the concerned authority by making an appropriate representation.

4.

Permission granted. Liberty reserved.

In view of the aforesaid, present petition is disposed of, so also, pending miscellaneous application(s), if any.