Lakshman Singh vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of the respondents.

This writ petition has been filed for the grant of following substantive reliefs:-

“(1) That a writ in the nature of certiorari may very kindly be issued and Annexure P-2, dated 10.07.2019 and impugned recovery orders may be quashed and set aside.

(2) That a writ in the nature of mandamus may very kindly be issued and the respondents may kindly be directed to grant the benefit of bunching of increments earned by the petitioner during ad-hoc service and fix pay accordingly.

(3) That the petitioner may kindly be held entitled for the benefit of ad-hoc service towards seniority, promotion, ACP, bunching and stagnation Scale w.e.f. due date with all consequential benefits.

(4) That the arrears accrued to the petitioner on account of bunching, ACP and stagnation scale after revision of pay, may kindly be ordered to be paid with interest.

Learned counsel for the petitioner submitted that the issue raised in this petition has already been adjudicated in CWP No.7376 of 2023 (H.P. Secretariat & other Affiliated Pensioners Welfare Association Vs. State of H.P. & Ors.), decided on 22.03.2024 and CWP No.6611 of 2023 (Surinder Singh Vs. State of Himachal Pradesh and Anr.), decided on 19.09.2023. Learned counsel further submitted that the petitioner would be satisfied in case the respondents are directed to examine his case in light of the aforesaid judgments within a fixed time schedule.

Learned Additional Advocate General does not dispute the fact that similar issue as raised in the present petition has been adjudicated in the matter of H.P. Secretariat & other Affiliated Pensioners Welfare Association and Surinder Singh’s cases, supra. He further submitted that, however, the facts of the instant case are required to be verified by the State as also the fact that as to whether the aforesaid judgments have attained finality or not.

In view of above submissions, this writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for grant of relief prayed for by him and verify the facts of the instant case vis-à-vis the decision rendered in H.P. Secretariat & other Affiliated Pensioners Welfare Association’s and Surinder Singh’s, cases, supra, within a period of four weeks from today. In case the petitioner is found to be situated similar to the petitioners in the aforesaid cases, then same benefit, as has been given to the petitioners in H.P. Secretariat & other Affiliated Pensioners Welfare Association’s and Surinder Singh’s cases, supra, shall be granted to the petitioner in the instant case. The decision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.