Extracted from the PDF above. The PDF is authoritative.
2025:HHC:9251 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2851 of 2025 Date of Decision: 04.04.2025 _____________________________________________________________________ Nand Lal ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. C.N. Singh, Dr. Nidhi Singh & Mr. Ramesh Kumar, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs:-
“(i) Issue writ of Certiorari, Mandamus or other appropriate writ order or directions at this Hon’ble Court deems fit directing the respondents to pay applicable Pay scale to the Petitioner w.af. his initial date of appointment as DPE ie. w.e.f. 01.07.1999 i.e. @ Rs.5480 Plus other allowances etc in terms of judgment in LPA No.108 of 2012 (State of H.P. & others vs Himachal Pradesh Rajkiya Prathmik Anubandh Adhyapak Sangh) dated 13.12.2012 which decision stood implemented by the respondent, with all consequential benefits. (ii) Issue writ of Certiorari, Mandamus or other appropriate writ order or directions at this Hon'ble Court deems fit directing the respondents to pay the revised Pay Scale to the Petitioner w.e.f. 01.01.2006 @ of Rs.10300-34,800+3600 GP Plus other allowances. (iii) Accordingly Issue writ of Certiorari, Mandamus or other appropriate writ order or directions at this Hon'ble Court deems fit directing the respondents to refix the pay, allowance, increments of the Petitioner and other service benefits and pay the arrear in favour of the Petitioner along with 12% interest, within a time bound manner.”
2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioner, while inviting attention of this Court to judgment passed by Division Bench of this Court in LPA No. 108 of 2012 titled as State of Himachal Pradesh & Anr. Vs. Himachal Pradesh Rajkiya Prathmik Anubandh Adhyapak Sangh, states that issue raised in the instant proceedings already stands adjudicated by Division Bench of this Court in Himachal Pradesh Rajkiya Prathmik Anubandh Adhyapak Sangh Chand (supra) and as such, petitioner would be content and satisfied in case directions are issued to the respondents to consider the representation of the petitioner in light of aforesaid judgment in a time bound manner. 3.
While putting in appearance on behalf of respondents, Mr. Vishal Panwar, learned Additional Advocate General, fairly states that representation, if any, filed by the petitioner shall be considered and decided expeditiously. 2
4. Consequently, in view of the aforesaid fair stand adopted by learned Additional Advocate General, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation before the competent authority within a period of three weeks for redressal of his grievance as has been raised in the instant petition, which in turn, shall be decided by the competent authority expeditiously within a period of six weeks in light of aforesaid judgment. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass speaking order thereafter. Applications, if any, stand disposed of. April 04, 2025 (Sandeep Sharma), (sunil)
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