Tilak Raj And Another vs State Of H.P. And Another

Jyotsna Rewal Dua, J

Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

This writ petition has been filed for the grant of following substantive relief:-

“(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 petitioners on promotion from the post of Lecturer to the post of Headmaster as per Fundamental Rules 22(1)(a)(1). The pay of the petitioners on the post of Headmaster may be fixed at next higher stage vis-à-vis the pay the petitioners were getting on the post of Lecturer at the time of promotion and further pay till date be also re-fixed as such. The petitioners 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 petitioners, with all consequential benefits. Any wrongful recovery may be set aside.”

Learned counsel for the petitioners submitted that the respective cases of the petitioners are squarely covered by the judgment dated 07.07.2022 passed by this Court in CWP No.842 of 2017 (State of Himachal Pradesh & others Versus Sardari Lal & another and the connected matters). Learned counsel further submitted that the petitioners would be content in case a direction is issued to the respondents/competent authority to consider and decide the respective cases of the petitioners for redressal of their grievances raised in the writ petition in light of the aforesaid judgment within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.

Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by directing the respondents/ competent authority to consider and decide the respective cases of the petitioners for redressal of their grievances raised in the writ petition, in accordance with law and taking into consideration the above judgment in the case of Sardari Lal, supra, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.

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