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2025 DAILYLAW 25230 (HP)

BADRI LAL SHARMA v. THE STATE OF HP AND ANOTHER

CWP/12388/2024 · 2025-03-24

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12388 of 2024 Decided on: 24th March, 2025 ------------------------------------------------------------------------------------- Badri Lal Sharma …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Bharat Bhushan Vaid, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Even though the respondents have not filed reply, however, with the consent of learned counsel for the parties, the matter is heard at this stage. 2. The writ petition has been filed for the grant of following substantive reliefs:- “i. The respondents be directed to pay the revised amount of salary, pension and gratuity available to him after granting him the appropriate increments for which the petitioner is entitled under the Assured Career Progressive Scheme i.e. by giving him the fourth increment to which he was entitled in the year 2016 or in the alternative to give him the benefit of three increments available to him in the 4th, 9th and 14th year of his service. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 ii. The respondents be directed to pay to the petitioner the balance amount of the salary which was given to all the similarly situated teachers on account of the revision affected from 1.1.2016 to 31.8.2020. iii. The respondents be directed to pay to the petitioner the balance commuted value of pension payable to him in the sum of Rs.11,29,081/- as contained in Annexure P-1 marked to the petition. iv. The respondents be further directed to pay the balance amount of Rs.6,08,493/- payable to the petitioner on account of the revised gratuity ordered to be calculated retrospectively from 1.1.2016. The respondents be further directed to pay the balance amount of the revised pension to the petitioner in accordance with the law and as claimed in the representation marked Annexure P-4 to this petition. v. The respondents be further directed to pay all arrears along with interest @ 12% per annum as the respondents have deliberately withheld the amount due towards the petitioner.” 3. Learned counsel for the petitioner submitted that the case of the petitioner and the reliefs prayed for by him have already been considered & adjudicated upon by this Court in Sanjay Kumar Versus State of Himachal Pradesh & others2. Learned counsel further submits that the petitioner would be content in case the respondents are directed to examine his case in light of the aforesaid judgment within a fixed time schedule. Learned Assistant Advocate General is not averse to this prayer. 4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ 2 CWPOA No.5536 of 2020, decided alongwith connected matters on 01.11.2023 3 petition is disposed of with a direction to the respondents/ competent authority to consider and decide the case of the petitioner in accordance with law as well as taking into consideration the above judgment in the case of Sanjay Kumar2 by passing an appropriate order, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 24, 2025 Judge Mukesh