High CourtsSingle Bench(2011) 07 SHI CK 0170

Dr. Sanjay Kumar Gupta vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 27 July 2011

HON’BLE JUDGES
V.K. Ahuja, J
CASE NUMBER
CWP No. 7144 of 2010

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Judgment

6 paragraphs · 284 words

V.K. Ahuja, J.—The Petitioner has filed this petition claiming the following reliefs:

(i) That the Respondents may kindly be directed to pay the Petitioner monthly honorarium as per the revised pay formulation vide Annexure-PJ;

(ii) That the Respondents may kindly be directed to pay all admissible allowances like dearness allowance, CCA HRA and IR etc. as per the terms and conditions of the Agreement dated 22.11.1996 vide Annexure-PA;

(iii) That the Respondents may kindly be directed to pay the Petitioner, the salary for the vacation period w.e.f. November, 1996 up to 2008 alongwith interest @ 12%.

2.

In reply filed by the Respondents, they have pleaded that the Petitioner has been paid honorarium as are being paid to the contractual employees/similarly situated persons as is alleged in para-4 of the reply. Therefore, in any case, the Petitioner has still a grievance that he has not been paid honorarium etc. as submitted by him relying upon Annexure-PD, the Petitioner is at liberty to file a representation to the Principal Secretary (Education), who shall consider the same on merits and shall pass appropriate orders in accordance with law. No relief can be granted at this stage since it is for the Petitioner to allege and prove as what honorarium/ emolument etc. has not been released to the Petitioner to which he was entitled referring to the instructions of the State Government. The representation will be filed by the Petitioner within a period of two weeks from today and the same shall be disposed of by Respondent No. 1 within a period of four months from the date of presentation of the representation.

3.

The petition is disposed of accordingly, so also the pending application(s), if any.