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2025 DAILYLAW 34622 (HP)

DAYANAND SHARMA v. THE STATE OF HP AND OTHERS

CWP/12845/2025 · 2025-12-24

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12845 of 2025 Date of Decision: 24.12.2025 _____________________________________________________________________ Daya Nand Sharma ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vasu Sood, Advocate. For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs:- “a. The impugned Annexure P-5 dated 13.06.2025 passed by respondent No.3 may kindly be quashed and set aside by issuing writ of certiorari. b. That the respondents may kindly be directed by issuing the writ of mandamus to grant the pay scale of Rs.1640-2925 (instead of 1500-2700 as wrongly granted to the petitioner) w.e.f 17.05.1996, when the petitioner joined as Language Teacher, pursuant to his selection as Language Teacher by the Public Service Commission and further directions may kindly be issued to grant the revised pay scale of Rs.5480-8925/- from the due date, instead of 5000-8100 and other consequential benefits may kindly be ordered to be granted, including arrears thereof, with interest at the rate of 9% per annum from the due date till the date of actual payment, on every revision of pay scale from time to time. The respondents may very kindly be directed to release revised pay scale, as revised from time to time by the Government to the petitioner with the basic pay grade along with all other consequential benefits.” 2. Though this Court had directed respondents-State to file reply, but Mr. Rajan Kahol, learned Additional Advocate General, has placed on record communication dated 22.12.2025, issued under the signatures of Director, School Education, Himachal Pradesh, enclosing therewith copy of office order dated 20.12.2025 Deputy Director School Education (Elementary), Kullu, District Kullu, Himachal Pradesh, to state that relief, as prayed for in the instant petition, has been granted to the petitioner. 3. Having carefully perused aforesaid documents, which are taken on record, this Court finds that respondents, after having considered the case of the petitioner, have found him entitled to benefits in terms of judgment passed by this Court in CWP No.3341 of 2019, titled as Madan Lal Sharma Vs. State of Himachal Pradesh & Ors. Deputy Director, School Education (Elementary), Kullu, being a cadre controlling authority of the petitioner, who belongs to LT category, has passed office order dated 20.12.2025, perusal whereof reveals 2 that petitioner has been held entitled to the pay scale of Rs.1640- 2925/- (revised Pay scale w.e.f 01.01.1986) from the date of his initial appointment on regular basis as LT and subsequently to the pay scale of Rs.5480-8925/- (HPS) (RP) Rules, 1998) w.e.f 01.01.1996 from the date of his initial appointment on regular basis as LT. Besides above, direction has also been issued to the concerned department for release of consequential benefits in terms of instructions issued by the Finance Department, Himachal Pradesh, from time to time. 3. In view of the above, nothing remains to be adjudicated in the instant petition and accordingly, the same is disposed of with a direction to the respondents to do the needful in terms of office order dated 20.12.2025, expeditiously, preferably within four weeks from today. Needless to say, petitioner herein shall also furnish an undertaking in terms of afore office memorandum, enabling the respondents to do the needful within stipulated time. Pending application(s), if any, stand disposed of. December 24, 2025 (Sandeep Sharma), (sunil) Judge 3