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2025 DAILYLAW 17755 (HP)

NEERU BHARDWAJ v. THE STATE OF HP AND OTHERS

CWP/11150/2025 · 2025-07-24

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11150 of 2025 Date of decision: 24.07.2025 Neeru Bhardwaj ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Vikas Rajput, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate General, accepts notice on behalf of the respondents. With the consent of learned counsel for the parties, matter is heard at this stage. 2. This writ petition has been filed for the grant of following substantive reliefs:- “a. That respondent may kindly be directed to grant the scale of 37400-67000+AGP 9000 on completion of 3 years of service in Selection Grade, for which the petitioners are legally and validly entitled.” b. That in alternate petitioner may be granted pay band IV to the petitioner which has been granted to other Assistant librarians with 12% interest on the accrued amount along with entire arrears.” -2- 4. Learned counsel for the petitioner submits that the issued raised in this writ petition and the reliefs prayed for by the petitioner have already been adjudicated upon by this Court. Reliance has been placed upon decision rendered in Laiq Ram Sharma & Anr. vs. State of H.P. & Anr.1. Relevant portion of which reads as under: - “10. Once the petitioners being Assistant Librarians were allowed the benefit of UGC scales, the defence raised on behalf of the respondents, as noticed above, is not justifiable especially in view of Clause 5 (c ) (vi) of the notification dated 15.10.2009 issued by the Higher Education Department of Government of H.P. It is not the case of respondents that the petitioners had not completed three years in pre-revised pay scale of Rs.12000-18300 on 01.01.2006. Even the impugned office order dated 19.06.2018 reveals that on 01.04.1996, the petitioners were granted the Selection Grade Pay Scale of Rs.12000-18300. Thus, they had completed about 10 years in the said scale till 01.01.2006 and as per the above notification, they were entitled to the pay band of Rs.37400-67000 + AGP 9000/-. The respondents had rightly fixed the petitioners in the pay band of Rs.37400-67000+ AGP 9000/- w.e.f. 01.01.2006. 11. Further, the impugned order dated 19.06.2018 does not provide any reasons for deviation from aforesaid order dated 15.10.2009. 12. In result, the impugned office orders dated 19.06.2018 and 22.10.2021 are quashed and set-aside.” The aforesaid judgment was affirmed in LPA No.311 of 2024 (State of H.P. & Anr. vs. Laiq Ram Sharma & Anr.) decided along with connected matters with lead case State of H.P. & Anr. vs. Kartar Chand2. Learned counsel for the petitioner submits that petitioner is similarly situated 1CWP No.7526 of 2021, decided along with connected matters on 17.10.2023. 2LPA No.356 of 2024 decided along with connected matters on 09.01.2025. -3- to the petitioners in Laiq Ram’s1 case, hence, petitioner would be satisfied, if her case is considered by the respondents in light of the aforesaid judgments within a time-bound schedule. Learned Deputy Advocate General has no objection to this prayer. 5. Having regard to above submissions but without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the petitioner in light of the aforesaid judgments and pass appropriate order(s) in accordance with law within a period of four weeks from the date of receipt of copy of this order. The decision so arrived at, shall be communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua 24th July, 2025 Judge (rohit)