Navjot Badwal And Others vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

The petitioners, who have been appointed as Assistant Librarians, initially on contract basis and thereafter on regular basis, are seeking a direction to the respondent-State, for the grant of pay scale of 15600-39000 and Rs. 1600 grade pay, on the strength of the judgment being relied upon by them, passed in LPA No. 146 of 2009, titled as State of H.P. and another vs. V.D. Sarswati and others, decided on 23.12.2015 and other connected matters.

When this case was taken up for consideration, Mr. G. R. Palsra, learned Counsel for the petitioners, has drawn the attention of the Court to the judgment which has been recently passed by Hon’ble Coordinate Bench of this Court in CWPOA No. 3096 of 2019, titled as Raksh Kumar and others vs. State of H.P. and another, dated 13.10.2022 and other connected matters and he submits that the present writ petition now being squarely covered by the judgment passed by Hon’ble Division Bench in letters patent appeal (supra) as well as judgment passed by Hon’ble Coordinate Bench (supra), the same be disposed of in said terms.

Mr. Dinesh Thakur, learned Additional Advocate General submits that adjudication of the lis be done subject to the legal rights of the respondents vis -à -vis judgment passed by Hon’ble Coordinate Bench.

In this view of the matter, this writ petition is disposed of by observing that the directions which have been passed by Hon’ble Coordinate Bench in CWPOA No. 3096 of 2019, titled as Raksh Kumar and others vs. State of H.P. and another, dated 13.10.2022 and other connected matters, shall mutatis mutandis apply to this petition also and all directions so issued by Hon’ble Coordinate Bench shall be construed as having been issued in this petition also. However, respondent-State shall have their legal rights vis-à-vis judgment passed by Hon’ble Coordinate Bench referred to hereinabove. Pending miscellaneous application(s), if any, also stand disposed of accordingly.