High CourtsDivision Bench(2013) 01 SHI CK 0029

Sh. Ram Bhaj Sharma and Others vs State of Himachal Pradesh and Others Ms. Vijay Kumari and Shri Ved Parkash Sharma Vs State of Himachal Pradesh, The Director of Elementary Education, Himachal Pradesh, Shimla-171001, Headmaster, Government High School Kangos, District Kinnaur, H.P. and Headmaster, Government Middle School Kyalu, District Shimla, H.P.

High Court Of Himachal Pradesh · Decided on 3 January 2013

HON’BLE JUDGES
Kurian Joseph, C.J · Rajiv Sharma, J
CASE NUMBER
CWP No. 10947 of 2012-E and CWP No. 2 of 2013-A

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Judgment

5 paragraphs · 401 words

Justice Kurian Joseph, C.J.—These writ petitions have been filed with a similar set of prayers and one such set of prayer in CWP No. 10947 of 2012 reads as follows:

I. That a writ in the nature of "Mandamus" and any other writ, order or direction may kindly be issued directing the Respondents to extend the benefit of merger of 50% dearness allowance to basic pay + 11% D.A. w.e.f. 30.4.2004 as per memorandum dated 10.6.2005 and further revision from time to time to the Petitioners by further directing the Respondents to pay the arrears to the Petitioner in view of the judgment delivered in CWP No. 4954 of 2012 titled as Madan Lal and others versus State of H.P.

II. That the Respondents may very kindly directed to grant revised pay scale of Rs. 5000-8100, Rs. 5480 - 8925 and Rs. 6400-10640 to the Petitioners who are working as, C&V Teachers, TGTs and Lecturers respectively the date the para teachers have been brought at par with contract teachers i.e. w.e.f. 1.4.2007 and further revision of pay scale Rs. 10300-34,800 plus Grade Pay of Rs. 4200 (Lecturer 16290/- p.m. Fixed) and the arrear accrued there under be paid with interest @ 9% p.a. in the interest of justice AND further directing the Respondents to release 3% increase/hike in the pay as increment every year as has been notified by the Government in respect of the similarly situated teachers. The respondents may be further directed to grant 3% increment to the petitioners as is being paid to the contract teachers from the date the contract teachers have been held entitled.

According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP No. 4954 of 2012 and connected matters, titled as Madan Lal & others versus State of H.P. & others, decided on 7.11.2012. If that be so, a similar treatment shall also be extended to the petitioners herein also, as extended to the petitioners 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(s) and copy of the judgment, referred to above, by the petitioner concerned before the second respondent/competent authority.

2.

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