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High Court of Himachal Pradesh · body

2025 DAILYLAW 18152 (HP)

MADHU MAHAJAN AND OTHERS v. STATE OF HP AND ANOTHER

CWP/964/2020 · 2025-06-27

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.964 of 2020 Decided on: 27th June 2025 _________________________________________________________________ Madhu Mahajan & Ors ....Petitioners Versus State of H.P. & Anr …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Dushyant Dadwal, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge CMP No.10164 of 2025 Allowed and disposed of. CWP No.964 of 2020 With 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:- “It is therefore, respectfully prayed that keeping in view the averments made in the present petition the present 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - petition may kindly be allowed & the respondents may please directed to grant / release the pay scale of Rs 37000-67000+9000(AGP) to the petitioner after a period of 3 years from the grant of Senior Selection Grade, as has been done in the cases of Sh Sant Ram Chauhan & Sh Laiq Ram Chauhan while doing their fixations , with the further prayer to release the arrears of the same to the petitioner with interest @ 18% per annum, till the date of actual payment, for which she is legally & validly entitled, as has been granted to other similarly situated persons & in the interest of justice. That the respondents may also be directed to produce the entire & complete records including the day to day noting sheets in the case of petitioner as also in the case of Sh Sant Ram & Sh Laiq Ram Chauhan & various other persons, to show unto this Hon'ble Court that how best the honest & sincere employee of the department can be harassed.” 3. Learned counsel for the petitioners submits that the issue raised in this writ petition and the reliefs prayed for by the petitioners 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.2. 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/- 2CWP No.7526 of 2021, decided along with connected matters on 17.10.2023. - 3 - 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 Chand3. Learned counsel for the petitioners submits that petitioners are similarly situated to the petitioners in Laiq Ram’s1 case, hence, petitioners would be satisfied, if their case is considered by the respondents in light of the aforesaid judgments within a time-bound schedule. Learned Additional Advocate General has no objection to this prayer. 4. 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 petitioners 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 3LPA No.356 of 2024 decided along with connected matters on 09.01.2025. - 4 - petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge June 27, 2025 R.Atal