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2021 DAILYLAW 1049 (HP)

SHAMSHER SINGH v. STATE OF HP AND OTHERS

CWP/7331/2021 · 2026-06-17

Ajay Mohan Goel

body2021

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7331 of 2021 Decided on 17th June 2026 Sh. Shamsher Singh Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.1. Mr. Het Ram, Advocate, for respondent No.2 and 3. Ajay Mohan Goel, Judge (Oral) CMP No.13801 of 2026 For the reasons stated therein, the present application seeking early hearing of the petition is allowed and stands disposed of. CWP No.7331 of 2021 2. With the consent of the parties, the case has been taken up for consideration today itself. 2 3. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “i) That a writ in the nature of Certiorari or any other appropriate writ, order of direction may kindly be issued quashing the Impugned Order dated 14.02.2019 (Annexure P-6) being patently illegal and arbitrary. ii) That a writ in the nature of mandamus of any other appropriate writ, order of direction may kindly be issued to the Respondents directing them to grant the benefit of four Tier Pay Scale (Annexure P-3) to the Petitioner and his pay be fixed in the Grade Pay of Rs. 6600 in the pay band of 15600-39100 w.e.f. 01.01.2017 on completion of four years service as Assistant Engineer and in the Grade Pay of Rs.7600 in the pay band of 15600-39100 on completion of 9 years service. iii) That the respondents may be directed to release all consequential benefits of arrears in favour of the petitioners alongwith interest @9% p.a.” 4. The petitioner is aggrieved by the act of the respondents, in terms whereof, the benefit of the four-tier ACP scheme has not been given to the petitioner. Learned counsel for the petitioner today has referred to Annexure A-1, which is communication dated 06.09.2025 appended alongwith the application filed for the early hearing of the writ petition and has submitted that in the light of the contents of this communication, this petition can be disposed of with the direction that the case of the petitioner be also considered by the Competent Authority 3 in terms thereof within a time bound period. Communication dated 06.09.2025, reads as under:- “I am directed to refer to your letter No.TTC- EA/2025-984-85/25 dated 09.01.2025 on the subject cited above and to convey the approval of the Government to release the ACPs/4 tier benefits to Shri Raj Kumar Jaswal (Retd.) Assistant Engineer at Shree Chintpurni Ji Temple Trust Distt. Una, Himachal Pradesh for the due period. The entire expenditure on this account shall be borne by Shree Chintpurni Ji Temple Trust, Distt. Una from its own sources and there shall be no liability of the State Government on this account at any stage.” 5. In light of the prayer made by the learned counsel for the petitioner, which is an innocuous one, this petition is disposed of with the direction that the case of the petitioner for the release of ACPs/four-tier benefits be considered by respondent No.1, in terms of this communication expeditiously latest by 31st July, 2026. 6. With these observations, the petition stands disposed of so also pending miscellaneous application(s), if any. (Ajay Mohan Goel) Judge June 17, 2026 (Vinod)