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2025 DAILYLAW 14927 (HP)

UTESH MEHTA AND OTHERS v. STATE OF HP AND OTHERS

CWP/6197/2024 · 2025-02-28

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6197 of 2024 Date of Decision: 28.2.2025 _____________________________________________________________________ Sh. Utesh Mehta and Ors. ……...Petitioners Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. A.K. Gupta, Advocate. For the respondents: Mr. Ravi Chauhan, Mr. Balvinder Singh and Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioners have prayed for following main reliefs: “i) That the respondents may be ordered to give higher pay scales/higher pay structure to the petitioners on completion of 2 years of regular services, as has been done in the case of other similarly situated employees with all benefits incidental thereof as per notification dated 03.01.2022 whereby the pay scales of various categories of the employees have been revised. ii) That if the amendment dated September, 2022 in any manner comes in the way of the petitioners, the same may also be read down.” 2. Though pursuant to notices issued in the instant proceedings, respondents have already filed reply thereby disputing the claim of the petitioners, but during the proceedings of the case, - 2 - learned counsel for the petitioners made available copy of judgment dated 29.11.2024, passed by a coordinate Bench of this Court in CWP No. 1638 of 2024, titled Mohit Sharma and Anr. v. State of Himachal Pradesh and Ors., wherein issue sought to be decided in the instant proceedings, stands already adjudicated. Learned counsel for the petitioner while referring to afore judgment states that petitioners would be content and satisfied in case directions are issued to the respondents to consider and decide their case in light of aforesaid judgment in a time bound manner. 3. Having perused aforesaid judgment sought to be relied upon vis-à-vis issue raised in the petition at hand, this Court finds that issue sought to be decided in the instant proceedings, already stands adjudicated in Mohit Sharma’s case (supra). Petitioners herein also seek higher stage of pay on completion of two years regular service as Clerks in accordance with notification dated 6.9.2022, issue with regard to application of notification dated 6.9.2022 to the category of the petitioners has been already decided in Mohit Sharma’s case and as such, no prejudice, if any, shall be caused to either of the parties in case directions are issued to consider the case of the petitioners in light of Mohit Sharma’s case. 4. Consequently, in view of the above, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider the claim of the - 3 - petitioner in light of Mohit Sharma’s case (supra), expeditiously, preferably, within six weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioners and pass a speaking order thereupon. Liberty is reserved to the petitioners to file appropriate proceedings in appropriate court of law, if they still remain aggrieved. Pending applications, if any, also stand disposed of. February 28, 2025 (Sandeep Sharma), (manjit) Judge