High CourtsSingle Bench(2020) 09 SHI CK 0074

Krishan Chand Sharma & Others vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 3 September 2020

HON’BLE JUDGES
Vivek Singh Thakur, J
RESULT
Disposed Of
CASE NUMBER
CWPOA No. 5005 Of 2019

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Judgment

7 paragraphs · 343 words

Vivek Singh Thakur, J

1.

In present petition, main relief sought is to extend the service benefits to the petitioners, in terms of judgment dated 20.6.2000 passed by Erstwhile H.P. State Administrative Tribunal in O.A.(D) 1035/94, titled as Hans Raj and other Vs. State of H.P. claiming that they are similarly situated to the petitioners in the said O.A. (D) 1035/94,

2.

On 13.8.2020 on behalf of the respondents/State, instructions dated 6.8.2020, received from Engineer­in­Chief, Jal Shakit Vibhag, were placed on record alongwith copy of order dated 24.7.2020 passed by Superintending Engineer, Jal Shakti Circle, Hamirpur, communicating that petitioners No. 1 to 4 namely Krishan Chand, Ramesh Kumar, Harmesh Chand and Sansar Chand have been found similarly situated to the petitioners in O.A. (D) 1035/94 referred ( Supra ) and they have been found eligible for higher pay scale of 1800­ 3200 on completion of 12 years of service as Surveyor.

3.

Today, on behalf of respondents further instructions dated 1.9.2020, received from Engineer­in­Chief, Jal Shakti Vibhag, have been placed on record alongwith copies of orders dated 27.8.2020 and 31.8.2020, passed by Superintending Engineer, Jal Shakti Circle, Hamirpur, whereby it has been communicated that petitioners No. 5 to 7 namely Gurcharan Singh, Ajit Singh and Hem Raj have also been found similarly situated as that of petitioners in Hans Raj case and they have been found eligible for higher pay scale of Rs. 1800­3200 on completion of 12 years of service as Surveyor, w.e.f. 5.1.1987, 1.9.1993 and 4.3.1994, respectively.

4.

From aforesaid order, issued by Superintending Engineer,Jal Shakti Circle, Hamipur, placed on record under instructions of Engineer­in­Chief, Jal Shakti Vibhag, it is clear that judgment passed in Hans Raj case in O.A. (D) 1035/94 shall be applicable mutatis­mutandi to the petitioners also.

5.

In view of the above, present petition is allowed and disposed of in aforesaid terms, with direction to the respondents to extend the consequential benefits to the petitioners, in terms of O.A. (D) 1035/94 ( supra ), within eight weeks from today.

Pending application, if any, also stands disposed of.