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High CourtsSingle Bench(2010) 08 SHI CK 0101

Shiv Kumar vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 23 August 2010

HON’BLE JUDGES
Sanjay Karol, J
CASE NUMBER
C.W.P. (T) No. 16155 of 2008

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Judgment

14 paragraphs · 324 words

Sanjay Karol, J.—According to the learned Counsel for the petitioner the matter in issue is squarely covered by a decision rendered by this Court in CWP(T) No. 13858 of 2008, titled as L.R. Verma v. State of H.P. and Ors. and Ors. connected matters decided on 5.7.2010, copy of which is taken on record of CWP(T) No. 16155 of 2008.

2.

The instant case is squarely covered by the aforesaid decision.

3.

Annexure A-3 is the letter dated 16.6.2005 which reads as under:

To

The President, H.P. State ITI''s Technical Employees Association, C/o Principal ITI Shimla.

Sub.: Grant of revised pay scale of Rs. 1800-3200 w.e.f. 1.1.86 and Rs. 5800-9200 w.e.f. 1.1.96 on Punjab pattern to the Craft Instructors working in Technical Education Department.

Reference your letter dated 29.4.2005 demanding thereby the revised pay scale in respect of Craft Instructors on the Punjab pattern about which the matter is also pending in the Hon''ble H.P Administrative Tribunal filed by some members of your Association.

The demand of your Association has been duly considered at the Govt. level and the grant of the pay scale has been considered subject to the following:

(i) An undertaking in the form of affidavit by the Association to the effect that the members of Association seeking the revised grade of Punjab pattern shall forgo the arrears on this account.

(ii) That the case pending in H.P. Administrative Tribunal shall be withdrawn.

You are, therefore, requested to make compliance of aforesaid whereupon the necessary Notification at Govt. level will be issues.

Sd/- Director Technical Education Vocational and Industrial Training, Himachal Pradesh Sundernagar

4.

In L.R. Verma (supra) the Court has quashed the condition whereby employees have been directed to file an undertaking in the form of affidavit. Hence the petition(s) needs to be allowed. Direction issued in L.R. Verma (supra) shall mutatis mutandis apply to the present case also.

5.

With the aforesaid observations the present petitions stand disposed of.