Sh. Satpal vs Unknown
2021 Latest Caselaw 3980 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 18TH DAY OF AUGUST, 2021

BEFORE

.

HON'BLE MR. JUSTICE SANDEEP SHARMA

CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 2647 OF 2019

Between:-

1. SH. SATPAL S/O LATE SH. JAGAT RAM VILLAGE KUMLA RICHARD P.O. BHOJ NAGAR,

TEHSIL AND DISTT. SOLAN (H.P.) PRESENTLY WORKING AS SURVEYOR AT IPH SUB DIVISION NO. III, SOLAN DIVISION SOLAN, H.P.

2.

SH. JITENDER KUAMR

S/O LATE SH. SURJAN SINGH, VPO JUKHALA, TEHSIL SADAR, DISTT. BILASPUR (H.P.) PRESENTLY WORKIGN AS SURVEYOR AT IPH SUB DIVISION DHARAMPUR, DIVISON SOLAN, H.P.

3. SH. NEEM CHAND S/O LATE SH. KANHYA RAM, VILLAGE KANSWALLA, P.O. PARNU,

TEHSIL ARKI, DISTT. SOLAN (H.P.) PRESENTLY WORKING AS SURVEYOR AT IPH SUB DIVISION SUBATHUU DIVISION ARKI,

H.P.

4. SH. PURAN CHAND S/O LATE SH. KESHAV RAM

VILLAE KANHOL, P.O. DAYAWALA, TEHSIL KANDAGHAT, DISTT. SOLAN (H.P.) PRSENLTY WORKING AS SURVEYOR AT IPH SUB DIVISION KANDAGHAT, DIVISION SOLAN, H.P.

5. SH. GIAN KUMAR S/O LATE SH. SHANKAR DASS, VILLAGE JADLI, P.O. PATTA BRAWRI, TEHSIL AND DISTT. SOLAN (H.P.) PRESENTLY WORKING AS SURVEYOR AT

IPH SUB DIVISION ARKI, DIVISION ARKI, H.P.

6. SH. HEM RAJ S/O SH. SUNDER RAM, VILLAGE AND P.O. GHANDALWIL, TEHSIL GHUMARWIN, DISTT. BILASPUR, (H.P.) PRESENTLY WORKING AS SURVEYOR AT

.

IPH SUB DIVISION BHORANJ, DIVISION, BARSAR, H.P.

7. SH. SURINDER SINGH S/O SH. RIKHI RAM VILLAGE KANGANWAL, P.O. PLASSI KALAN,

TEHSIL NALAGARH, DISTT. SOLAN (H.P.) PRESENTLY WORKING AS SURVEYOR AT IPH SUB DIVISION NALAGARH DIVISION NALAGARH, HP.P

8. SH. RAM GOPAL S/O SH. BRAHMA NAND R/O AMBWALA, P.O. PANJHERA, TEHSIL NALAGARH DISTT. SOLAN (H.P.) PRESENTLY WORKING AS SURVEYOR AT IPH SUB DIVISION NALAGARH,

DIVISION NALAGARH, H.P.

9. SH. MOHAN SINGH S/O SH. SURAT SINGH, VILLAGE JOLA, P.O. DAHAN, TEHSIL RAJGARH, DISTT. SIRMOUR (H.P.) PRESENTLY WORKING AS SURVEYOR

AT IPH SUB DIVISION SOLAN, DIVISION SOLAN, H.P.

10. SH. HARDEV SINGH

S/O SH. BHUP SINGH VILLAGE PAIKHER, P.O. WASNI,

TEHSIL PACHHAD, DISTT. SIRMOUR, (H.P.) PRESENTLY WORKING AS SURVEYOR AT IPH SUB DIVISION NAURA DHAR, DIVISION NAURA DHAR, H.P.

11. SH. PARVEEN KUMAR MOHINDROO S/OLATE SH. LAXMI CHAN MOHINDROO R/O MOHINDROO NIWAS, KANDAGHAT, DISTT. SOLAN (H.P.) PRESENTLY WORKING AS SURVEYOR AT IPH SUB DIVISION NAURA DHAR, DIVISION NAURA DHAR, H.P.

12. SH. OM PRAKASH S/O SH. KALI RAM, VILLAGE BAKSHRU, P.O. DHEWLA, TEHSIL KANDAGHAT, DISTT. SOLAN, H.P.

PRESENTLY WORKING AS SURVEYOR AT IPH SUB DIVISION NO. III, SOLAN, DIVISION SOLAN, H.P.

13. SH. BASANT LAL S/O LATE SH. JAGAET RAM, VILLAGE DOMEHAR, P.O. DOMEHAR BANI,

.

TEHSIL KANDAGHAT, DISTT. SOLAN, H.P.

PRESENTLY WORKING AS SURVEYOR AT IPH SUB DIVISION KANDAGHAT, DISTT. SOLAN, H.P.

14. SH. HARI DASS S/O SH. GULABU RAM VILLAGE MUKRANA, P.O. JHANDUTTA, TEHSIL JHANDUTTA, DISTT. BILASPUR, H.P. PRESENTLY POSTED AS SURVEYOR AT IPH

SUB DIVISION DHARMPUR, DIVISION SOLAN, H.P.

15. SH. SURINDER KUMAR S/O SH. NANAK CHAND,

VILLAGE BHEOL, P.O. BHARARI, TEHSIL GHUMARWIN DISTT. BILASPUR, H.P. PRESENTLY POSTED AS

SURVEYOR AT IPH DIVISION NO. III, SOLAN, DIVISION SOLAN H.P.

16. SH. SUNIL KUMAR S/O LATE SH. DHARM CHAND,

VILL AND P.O. BHRARU, TEHSIL JOGINDER NAGAR, DISTT MANDI PRESENTLY WORKING AS JUNIOR ENGINEER, IPH DIVISION CHAMBA,

DISTT. CHAMBA, H.P.

... PETITIONERS (BY MR. VIKAS RAJPUT,

ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY, IRRIGATION AND PUBLIC HEALTH, TO GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.

2. ENGINEER-IN-CHIEF, IPH, HIMACHAL PRADESH, US CLUB, SHIMLA-1 .. RESPONDENT

(MR. SUDHIR BHATNAGAR

.

AND MR. DESH RAJ THAKUR,

ADDITIONAL ADVOCATES GENERAL WITH MR. R.P. SINGH AND MR. NARINDER THAKUR,

DEPUTY ADVOCATES GENERAL)

This petition coming on for orders this day, the court passed the following:

O R D ER

By way of present petition, petitioners have prayed for the

following main relief(s):

"a. That writ of mandamus be issued whereby directions be

issued to the Respondents to release the scale of

Rs.5800-9200 from their date of appointment or grant the

benefit of revised scale/higher scale of Rs.5800-9200

from 1-1-1996 onward, or in alternate grant the higher

scale on completion of 12 year of service with all

consequential benefits like arrears.

b. That respondents may also be directed to grant the

benefits of revised scale took place in the year 2006 or

pay scale of 10300-34000+3800 grade pay with

allowances may be granted to petitioners with effect from

1-1-2006.

c. That respondents may further be directed to release the

difference in salary may be released in the form of

arrears.."

.

2. Parties are ad idem that the petition at hand is squarely

covered by a judgment rendered by this court on 6.8.2021 in CWP No.

2140 of 2019, titled Amar Lal & another vs. State of Himachal

Pradesh & Ors.

3. Careful perusal of the aforesaid judgment rendered by this

Court clearly reveals that the issues raised in the present petition,

already stand adjudicated by this court in Amar Lal (supra), as such,

nothing remains to be adjudicated in the present petition.

4. As such, as mutually agreed, making the directions contained

in the judgment (supra) applicable mutatis mutandis, insofar as

applicable and relevant, also to the present writ petition, the same is

disposed of. Pending application(s), if any, also stand disposed of

accordingly.

(Sandeep Sharma) Judge August 18, 2021

(Vikrant)