Tarlok Singh Chauhan, J
1. The instant petition has been filed for the grant of following substantive reliefs:-
a) That a writ in the nature of mandamus may kindly be issued by directing the respondents to grant the pay scale/pay band of Rs. 10,300-34,800 +
grade pay 5400/- instead of grade pay Rs. 5000/- from the date of his promotion/joining i.e. w.e.f. 09.08.2019 after the issuance of the notifications
dated 08.08.2019 (Annexure P-1) and pay fixation order Annexure P-2 dated 18.05.2020 on the post of Block Development Officer, with all
consequential benefits, in the interest of law and justice.
b) That the respondents may be directed to fix the pay and pension of the petitioner on the basis of grade pay of Rs. 5400/- in view of judgment
rendered by the Hon’ble High Court in CWP No. 3660/2012 titled as Kulbir Singh Rana & Ors. vs. State of H.P. & Anr. Decided on 20.09.2012
(Annexure P-3), when the decision as mentioned in Annexure P-4 has also been implemented in favour of the aforesaid Jeet Ram.
c) That the respondents may further be directed to calculate and pay the leave encashment and retirement gratuity on the basis of grade pay of Rs.
5400/- in view of judgment rendered by this Hon’ble High Court in CWP No. 3660/2012 titled as Kulbir Singh Rana & Others vs. State of H.P. &
Anr. (Annexure P-3).
d) That the respondents may be directed to grant all consequential relief’s in pursuance to pay fixation in the pay band of Rs. 10,300-34,800 with
grade pay of Rs. 5400/-, in the interest of law and justice.
2. Mr. Vinod Thakur, learned Additional Advocate General, on instructions, states that the issue in question is squarely covered by the judgment
rendered by this Court in CWP No. 3660 of 2012, titled as Kulbir Singh Rana & Ors. vs. State of H.P. & Anr, dated 20.09.2012 (Annexure P-3).
3. Accordingly, for the reasons stated in the said judgment, which shall apply mutatis mutandi to the facts of the present case, the same is allowed. Let
consequential action in terms of the aforesaid judgment be taken within a period of eight weeks from today.
4. The petition stands disposed, so also the pending applications, if any.
