Suresh Kumar Sharma Vs State of H.P.

High Court of Himachal Pradesh 12 Dec 2011 CWP No. 10942 of 2011-E (2011) 12 SHI CK 0130
Bench: Division Bench

Judgement Snapshot

Case Number

CWP No. 10942 of 2011-E

Hon'ble Bench

Kurian Joseph, J; Dev Darshan Sood, J

Judgement Text

Translate:

Justice Kurian Joseph, C.J.@mdashThe Writ Petition is filed mainly with the following prayers:

i). That the Respondents may very kindly be directed to grant revised pay scale of Rs. 5000-8100/- to the Petitioner w.e.f. his appointment till his regularization and arrears accrued there under be paid with interest @ 9% per annum, in the interest of justice.

ii) That the Petitioner may also be kindly held entitled for the benefit of merger of 50% D.A. to the basic pay + 11% D.A. w.e.f. 30/04/2004 and further revision thereof from time to time till the regularization of his services, with all consequential benefits and arrears accrued on this count be paid with interest.

iii) That the impugned order dated 29/09/2005 at Annexure P-3 may very kindly be quashed and set aside.

iv) That the Respondents may very kindly be directed to pay the revised pay scale and other benefits from the date of initial appointment to the Petitioner as is being aid to the similarly situated teachers, with all consequential benefits.

2. Learned counsel appearing for the petitioner submits that the present lis is covered by the judgment rendered in CWP(T) No. 14232 of 2008, titled as Nek Ram and others versus State of Himachal Pradesh and others, decided on 17.11.2009.

3. Accordingly, the present petition is disposed of with the direction to the respondents to consider the case of the petitioner in view of the principles laid down by this Court in the judgment dated 17.11.2009, as noticed above, within a period of two months from the date of production of certified copy of this judgment by the petitioner. So far as the case of the petitioner for grant of regular/revised pay scale is concerned, the same be considered within a further period of two months after the decision rendered by this Court in LPA No. 105 of 2010.

4. The writ petition is disposed of, so also the pending application(s), if any.

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