Prem Nath and Others vs State of H.P. and Others

Kuldip Singh, J.—The Petitioners have prayed the following reliefs:

(1) Directing the Respondent to confirm the applicants and grant the pay scale of Rs. 2520-4140 to them from their initial date of appointment i.e. 14.5.2002 with all consequential benefits.

(2) Entire record pertaining to the instance case may please be summoned and examined.

(3) Such other orders as may be deemed just and proper may also be passed while allowing the present application in the interest of law and justice.

It is not necessary to give details of the pleadings in view of short controversy involved in the petition. The Petitioners were appointed vide different office orders but all dated 14.5.2002 as Chowkidar/ Peon/ Sweeper at Industrial Training Institute for Women Bilaspur on consolidated pay of Rs. 2620/-. The learned Counsel for the Petitioners has submitted that in CWP (T) No. 14148 of 2008, titled Dalip Kumar v. State of H.P. and Ors., a coordinate Bench of this Court on 24.8.2010 has held that Petitioner in that case is entitled to allowances at such rates as are admissible to other employees of his category in the organization. The learned Counsel for the Petitioners has submitted that instead of consolidated salary, the Petitioners are entitled to all allowances admissible to them in view of judgment dated 24.8.2010 after one year on their appointment i.e. on and from 14.5.2003. The learned Additional Advocate General has not disputed the statement made by the learned Counsel for the Petitioners, she has rather submitted that in view of judgment dated 24.8.2010 the Petitioners are entitled to allowances w.e.f. 14.5.2003 at such rates as are admissible to other employees of their category in the organization.

Accordingly, the petition is allowed. The Respondents are directed to take all consequential actions within a period of three months from the date of receipt of copy of judgment to be supplied by the Petitioners to the competent authority, failing which the Petitioners shall be entitled to interest at the rate of 9% per annum. The petition stands disposed of.