Bihari Lal vs State of H.P. and Others

Justice Sanjay Karol, J.—It is brought to the notice of this Court that petitioner already stands regularized. However, it is not clear from the record as to whether claim for minimum pay in the pay scale 2620-4140 + DA+CA at the admissible rate w.e.f. 1.1.1996 up to July, 2003 and thereafter, has been considered or not. Also whether petitioner is otherwise entitled to the same or not, is not clear from the record. My attention is invited to the Office memorandum dated 18th May, 1994. Petitioner''s eligibility and entitlement to the benefits under the same is also a matter which needs to be examined by the respondents themselves. In fact, petitioner was regularized during the pendency of the present petition and while doing so all these aspects of the matter ought to have been considered and decision taken thereupon.

Consequently, present petition is disposed of with a direction to respondent No. 2/competent authority to consider the petitioner''s surviving claim for re-fixation, if not already done, in accordance with law. Decision shall positively be taken within a period of three months from the date of receipt of certified copy of this judgment. It is also clarified that all monetary benefits, as may be found due and admissible, in accordance with law, shall be disbursed within the said period, failing which, thereafter petitioner shall be entitled to interest @ 9% per annum which shall be recovered from the erring official(s).

With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any.