High CourtsDivision Bench(2012) 03 SHI CK 0086

Mrs. Sharmila and Jogishwar Chand vs State of Himachal Pradesh and Others

High Court Of Himachal Pradesh · Decided on 21 March 2012

HON’BLE JUDGES
Kurian Joseph, J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 1616 of 2012-B

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Judgment

4 paragraphs · 297 words

Justice Kurian Joseph, C.J.—The Writ Petition is filed mainly with the following prayer:

A. That this Hon''ble Court may kindly be pleased to issue the writ of Mandamus whereby the respondents may kindly be directed to consider the case of the petitioner for grant of revised pay scale as per letter date 10-6-2005 given to the others similar situated persons which is flow from the Annexure P-1 Judgment passed in CWP(T) 14232 of 2008 dated 17-11-2008 titled as Nek Ram and others w.e.f. from their appointment till they are entitled.

According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP (T) No. 14232 of 2008, titled as Nek Ram & others Versus State of H.P. & others, decided on 17.11.2009. If that be so, similar treatment shall also be extended to the petitioners herein also, as extended to the petitioners in the above referred decision, in case the petitioners are also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition and copy of the judgment, referred to above, by the petitioner concerned before the second respondent/competent authority. We also make it clear that in case subject matter is pending before the Apex Court, the implementation of this judgment need only be subject to the final out come of the said case, within another two months. So far as the case of the petitioners for grant of regular/revised pay scale is concerned, the same be considered within a further period of two months after the decision rendered by this Court in LPA No. 105 of 2010.

2.

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