State of H.P. and Others vs Shri Navneet Gupta

Mansoor Ahmad Mir, Actg. C.J.

The appellants have called in question the judgment and order, dated 11th December, 2012, made by the learned Writ Court in CWP No. 11666 of 2011-G, titled as Navneet Gupta versus State of H.P. & others (hereinafter referred to as "the impugned judgment"), on the grounds taken in the memo of appeal.

We have gone through the memo of appeal and the impugned judgment.

The Writ Court, after scanning the pleadings, held and directed the respondents-appellants to release the pay scale of Rs. 7000-10980 to the writ petitioner-respondent with effect from 20th October, 2001 and to pay the arrears with interest @ 6% per annum and in default, the writ petitioner-respondent was held entitled to interest @ 9% per annum till the payment of arrears. It is apt to reproduce para 7 of the impugned judgment herein:

Accordingly, in view of the observations and analysis made hereinabove, the writ petition is allowed. Annexure P-10 dated 14.11.2011 is quashed and set aside. Respondents are directed to release the pay scale of Rs. 7000-10980 to the petitioner with effect from 20.10.2001 and pay the arrears with interest @ 6% per annum, failing which, petitioner shall be entitled to interest @ 9% per annum till the payment is released. Pending application (s), if any, also stands disposed of. There shall, however, be no order as to costs.

The moot question, which arises for consideration, is-whether the Court has power to direct the respondents-authorities to release a particular pay scale to an employee?

We are of the considered view that the Court, at best, can direct the respondents-authorities to consider the case of an employee for releasing a particular pay scale to him, but cannot issue a writ of mandamus commanding the respondents-authorities to release the pay scale.

In the given circumstances, we deem it proper to allow the appeal and modify para 7 of the impugned judgment, which shall now be read as under:

Accordingly, in view of the observations and analysis made hereinabove, the writ petition is allowed. Annexure P-10 dated 14.11.2011 is quashed and set aside. Respondents are directed to consider the case of the writ petitioner for releasing the pay scale of Rs. 7000-10980 to the petitioner with effect from 20.10.2001 alongwith arrears, provided he is entitled as per the Rules occupying the field. The decision/consideration order be made within six weeks.

The appeal is allowed and the impugned judgment is modified, as indicated hereinabove. The pending applications, if any, are also disposed of.

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