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High CourtsSingle Bench(2011) 12 SHI CK 0297

Pyare Lal Sharma vs State of H.P. and Director, Language and Culture, Shimla - 171 009

High Court Of Himachal Pradesh · Decided on 20 December 2011

HON’BLE JUDGES
V.K. Ahuja, J
CASE NUMBER
CWP No. 3811 of 2009-H

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Judgment

4 paragraphs · 357 words

Justice V.K. Ahuja, J.—Petitioners Pyare Lal and Gian Chand were promoted against the posts of Book Binders by the respondent Department and they joined their duty on 30.3.1998. A petition being CWP (T) No. 2501 of 2008, titled Rameshwar Thakur and others versus State of Himachal Pradesh and others, was filed by the Book Binders claiming pay scale of Rs.1200-2100. The said writ petition was allowed by a learned Single Judge of this Court on 23.4.2009.

2.

In the present petitions, the State filed reply and in para 4, it is pleaded that the matter is pending decision in LPA preferred by the State against the judgment in the aforesaid writ petition. The learned counsel for the petitioners has placed on record certified copy of the judgment in LPA No.110 of 2009, titled Secretary Language & Culture and anr. versus Rameshwar Thakur and ors., decided on 23.2.2010, which shows that the said appeal was disposed of as having become infructuous and it was observed that the judgment titled Rameshwar Thakur & others Vs. B.K. Aggarwal & another, passed on 6.8.2009 in COPC No.76 of 2009, was implemented by reducing the rate of interest from 9% to 6%.

3.

In view of the above discussion, both the writ petitions are allowed to this extent that the case of both the petitioners shall be considered by the respondents in light of the judgments referred to above and in case the petitioners are also similarly placed and are entitled to the same relief, as given to the petitioners in the writ petition referred to above, the same shall also be allowed in favour of the present petitioners. The question of grant of interest to the petitioners shall also be considered while considering the case of the petitioners. The needful, as above, shall be done by the respondents/competent authority within a period of three months from the date of production of a copy of this judgment alongwith the copies of the judgments passed in the writ petition and the LPA, referred to above.

4.

With the above direction, the writ petitions stand disposed of, so also the pending application(s), if any.