High CourtsDivision Bench(2012) 03 SHI CK 0294

Sh. Neek Chand and Others vs State of H.P., The Director Higher Education to the Govt. of H.P. and The Principal Govt. Sr. Sec. School Girls, Rohroo, District Shimla H.P. Sh. Ravidner Raitka Vs State of H.P., The Director Higher Education to the Govt. of H.P., The Principal Govt. Sr. Sec. School, Kui Bachhunch, Tehsil Rohroo, District Shimla, H.P. and The Principal Govt. Sr. Sec. School Arhal, Tehsil Rohroo, District Shimla, H.P.

High Court Of Himachal Pradesh · Decided on 21 March 2012

HON’BLE JUDGES
Kurian Joseph, J · Dharam Chand Chaudhary, J
CASE NUMBER
CWPs No. 1483 and 1484 of 2012

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Judgment

5 paragraphs · 261 words

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

(i) That the writ in the nature of certiorari be issued against the respondent, for quashing the notification dated 24.9.2005 whereby, the petitioners have been put to suffer a pecuniary loss by freezing the DA n their salary at 61% or have ignore to grant the benefit of further increase in DA on their salary.

(ii) That writ in nature of mandamus may kindly be issued direction the respondents to extend the due and admissible benefit of merger of 50% Dearness Allowance with basic pay as per Memorandum dated 10.6.2006 to the petitioners by further directing the respondents to pay the arrears to the petitioners in view of the judgment titled as Nek Ram Vs State of H.P. CWP (T) No. 14228/2008.

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 petitioner 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 judgment referred to above, by the petitioner concerned before the second respondent.

2.

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