Vandna Kumari Sharma vs State of H.P.

Justice Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayer:-

i) That the writ in the nature of mandamus may kindly be issued, directing respondents to extend the benefit of due and admissible merger of 50% Dearness Allowance with basic pay as per memorandum dated 10-06-2005 to petitioner by further directing the respondents to pay the arrears with all consequential benefits to the petitioners with interest in view of the judgment titled as "Nek Ram Vs State of H.P." i.e. CWP (T) No. 14228/2008 and in Civil Writ Petition bearing No. 2250 of 2012 titled as Jhanda Ram & Ors Vs. State of Himachal Pradesh & others.

According to the petitioner, the issue is covered in her favour by the judgment of this Court rendered in CWP No. 4954 of 2012 and connected matters, titled as Madan Lal & others versus State of H.P. & others, decided on 7.11.2012. If that be so, a similar treatment shall also be extended to the petitioner herein also, as extended to the petitioners in the above referred decision, in case the petitioner is also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition and copy of the judgment, referred to above, by the petitioner before the second respondent/competent authority. The Writ Petition is disposed of, so also the pending application(s), if any.