High CourtsDivision Bench(2012) 06 SHI CK 0051

Smt. Shashi Kala Sharma vs State of H.P., The Director of Higher Education, Directorate of Education Himachal Pradesh at Shimla and The Deputy director of elementary Education Kangra at Dharmshala, District Kangra, Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 13 June 2012

HON’BLE JUDGES
Kurian Joseph, C.J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 3874 of 2012

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Judgment

5 paragraphs · 296 words

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

i) That a writ in the nature of mandamus or any other writ or order may kindly be issued, directing the respondents to allow the benefit of increments by counting the period of service rendered by the petitioner on tenure basis w.e.f. 17.9.1987 to 30.10.1995 and further the said period of service be counted for pension in view of the judgment rendered by this Hon�ble Court in CWP No. 4550 of 2008, decided on 16.12.2010 titled Ravi Kumar versus State of H.P. & others.

The petitioner claims the benefit of increments during the tenure period of service rendered by her and also count the said period for the purpose of pension. According to the petitioner, the issue is covered in her favour by the judgment of this Court dated 16.12.2010 rendered in CWP No. 4550 of 2010 titled as Ravi Kumar vs. State of H.P. & others.

2.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioner submits that she would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for her to do so.

3.

Therefore, the writ petition is disposed of directing the respondent concerned to examine the matter and verify the facts in the light of the judgment referred to above and take appropriate action thereon within a period of four months from the date of the production of a copy of this judgment along with a copy of the writ petition and the copy of the judgment referred to above by the petitioner. The writ petition is disposed of, so also the pending applications, if any.