Mukesh Chand And Ors vs State Of HP And Anr

Sandeep Sharma, J

By way of present petition filed under Article 226 of the Constitution of India, petitioners have prayed for following main relief:-

"(a) that respondent be directed to grant the same scale to the petitioners with all consequential benefits which the petitioners were taking at the time of the takeover of the college, or in other word the scale of the petitioner be protected in which they were working at the time of takeover with all consequential benefits."

Learned Additional Advocate General while making this Court peruse reply filed on behalf of respondents No. 1 and 2 contends that relief, as has been prayed for in the instant petition, stands already granted to the petitioner and as such, nothing remains to be adjudicated in the present petition.

Having perused para-1 of the preliminary submissions of the reply filed by respondents No. 1 and 2, this Court finds that scale of the petitioners, in which they were working at the time of taking over of their services with all consequential benefits, have been protected. Relevant para of the reply is reproduced herein below:

"1. That neither any legal or fundamental right of the petitioners have ever been infringed in any manner nor any cause of action accrued to them to file and maintain the present writ petition. In fact the petitioners have been initially appointed as peons at MSCM Degree College Thural Distt Kangra on 18-03-1996, 1-11-1993, 18-03-1996 and 01-09-1985 respectively. The services of all the petitioners were taken over as peon by the Govt. notification dated 18- 10-2006. It is further submitted that Sh. Mukesh Chand, petitioner No.1 was promoted as LA vide Deputy Director of Higher Education office order dated 4-07-2011. The petitioner No.2 i.e Narender Singh was promoted as Clerk vide Directorate of Higher Education office order dated 15-09-2011. The petitioners No. 3 & 4 are still serving as peon at GSSS Garhjamula & GSSS Lahru respectively. It is further submitted that scale of the petitioners have been protected in which they were working at the time of taking over the services with all consequential benefits. The revision of pay scale have also been given from time to time to all the petitioners."

Consequently, in view of the aforesaid categorical stand taken by the respondents, nothing remains to be adjudicated in the instant proceedings and as such, present petition is disposed of reserving liberty to the petitioners to file appropriate proceedings if they are still aggrieved. Pending applications, if any, also stand disposed of accordingly.