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2025 DAILYLAW 15487 (HP)

CHAMPA THAKUR v. STATE OF HP AND OTHERS

CWP/6859/2024 · 2025-05-13

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5833 of 2024 with CWP Nos.6859 & 5835 of 2024 Date of Decision: 13.05.2025 _______________________________________________________ 1. CWP No. 5833 of 2024 Noshida Khatoon …….Petitioner Versus State of Himachal Pradesh & another … Respondents 2. CWP No. 6859 of 2024 Smt. Champa Thakur …….Petitioner Versus State of Himachal Pradesh & another … Respondents 3. CWP No. 5835 of 2024 Kamlesh Kumari …….Petitioner Versus State of Himachal Pradesh & another … Respondents ______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Karan Singh Parmar and Ms. Rashmi Parmar, Advocates, in the respective petitions. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents /State. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Mr. Dhananjay Sharma, Advocate for respondent No.3, in the respective petitions. _______________________________________________________ Sandeep Sharma, Judge(oral): With the consent of the parties, all these petitions are being disposed of with a common order. 2. The petitioners herein are seeking revised pay scale w.e.f. 01.01.1996 and w.e.f. 01.01.2006 with all consequential benefits. The petitioners were initially appointed as Balsevika-cum- Craft Teacher on regular basis. One Meera Thakur, who was similarly situated as the petitioners, filed CWP No. (T) No.12225 of 2008 before the Erstwhile Himachal Pradesh Administrative Tribunal, which matter after its transfer to this Court was decided by this Court on 14.07.2010, directing the authorities to consider the case of the petitioner therein for revision of pay scale from Rs.950-1800 to 3120- 5160 w.e.f. 01.01.1996. This order attained finality, but the same was not being implemented by the State. In this background, Ms. Meera Thakur and others had filed CWP No.60 of 2012, titled as Meera Thakur and others versus State of Himachal Pradesh and others, which was decided by this Court on 19.03.2015 in the following terms:- “It cannot be disputed that the present lis is squarely covered by the judgment passed by this Court in CWP(T) No.12225 of 2008 and other connected matters, decided 3 on 14.7.2010, whereby the State was directed to consider the case of the petitioners on the analogy of Annexure A-11, dated 13.06.1989 to revise the pay scales of Rs.950-1800 to Rs.3120-5160 w.e.f. 01.01.1996. This was the mandate of the Court and the respondents had no authority whatsoever to sit over the judgment passed by this Court. Since these directions admittedly have attained finality, the respondents-State is directed to comply with the directions contained in CWP (T) No.12225 of 2008 in its letter and spirit. Needful be done within six months. Needless to say in case the judgment is not complied with, within the aforesaid period, the respondents shall be liable to pay interest @ 9% per annum from the date when the amounts were due to the petitioners.” 3. Thereafter, one Mukesh Kumari and others, who were the employees of respondent No.4-Board, sought the benefit of the judgment in case of Meera Thakur & others Versus State of Himachal Pradesh & others, i.e. CWP(T) No.12225 of 2008, decided on 14.07.2010 and CWP No.60 of 2012] decided on 19.03.2015. Based on the judgment in case of Meera Thakur and others, this Court in CWP No.9033 of 2014, titled as Mukesh Kumari & others Versus State of H.P. & others, decided on 26.05.2015, passed the following orders:- “It is not in dispute that the present lis is covered by the judgment rendered by this Court in CWP(T) No.12225 of 2008, decided on 14.07.2010 read with 4 judgment rendered by the Coordinate Bench of this Court in CWP No.60 of 2012, decided on 19.03.2015. Consequently, the present petition is disposed of with a direction to the respondents-State to release the revised pay scale to the petitioners @ Rs.950- 1800 to 3120-5160 w.e.f. 1.1.1996 with interest @ 9% per annum, within a period of eight weeks from today. The pending application(s), if any, are also disposed of. No costs.” 4. In this background, once the State Social Welfare Board has granted the revised pay scale of Rs.3120-5160 w.e.f. 01.01.1996, alongwith the interest @ 9% per annum, in terms of the judgment in CWP No.9033 of 2014, titled as Mukesh Kumari (supra) decided on 26.05.2015, then, the petitioners being employees of the Board, cannot be denied similar benefit of revision of pay scales w.e.f. 01.01.1996. 5. Accordingly, these writ petitions are allowed and respondents are directed to grant similar benefits to the petitioners as stand granted to the petitioner Meera Thakur and Mukesh Kumar (supra) within a period of eight weeks from today. Pending miscellaneous applications, if any, also stand disposed of. (Sandeep Sharma), Judge May 13, 2025 (shankar)