Himachal Pradesh High Court
Sh. Mukesh Kumar vs Tilak Raj Sood And Stands ... on 27 August, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
ON THE 27th DAY OF AUGUST, 2021
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION No. 4557 OF 2020
Between:
1. SH. MUKESH KUMAR,
S/O SH. OM PRAKASH,
VPO GHAROH,
TEHSIL DHARAMSHALA,
DISTT. KANGRA, H.P.,
PRESENTLY WORKING AS
SURVEYOR I&PH SUB DIVISION
DHARAMSHALA DISTRICT
KANGRA, H.P.
2. SH. RAJESH KUMAR,
S/O SH. PURAN CHAND,
VPO GRAH SAHOURA,
TEHSIL KANGRA,
DISTT. KANGRA, H.P.,
PRESENTLY WORKING AS
SURVEYOR I&PH SUB DIVISION
DHARAMSHALA DISTRICT
KANGRA, H.P.
3. SH. PARAMJIT SINGH,
S/O SH. MANOHAR SINGH,
R/O HOUSE NO.239/A
SHAMNAGAR DHARAMSHALA,
DISTT. KANGRA, H.P.,
PRESENTLY WORKING AS
SURVEYOR I&PH SHAHNEHR
PROJECT SUB DIVISION
SANSARPUR TERRACE,
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DISTRICT KANGRA, H.P.
.
4. SH. RAMESH KUMAR,
S/O SH. KISHAN CHAND,
VILL. SIHOLI,
P/O KHATIAR,
TEHSIL FATEHPUR,
DISTT. KANGRA, H.P.,
PRESENTLY WORKING AS
SURVEYOR I&PH SUB DIVISION
GANGATH DISTRICT KANGRA,
H.P.
5. SH. AMRIK SINGH,
S/O SH. PARTAP SINGH,
VILL JATEHAR,
PO JANYANKAR,
TEHSIL DISTT. KANGRA, H.P.,
PRESENTLY WORKING AS
SURVEYOR I&PH SUB DIVISION
KANGRA, DISTRICT KANGRA,
H.P.
6. SH. RAMESH CHAND,
S/O SH DALEEP SINGH,
VILL KURNA, PO SALETI,
TEHSIL RAKKAR,
DISTRICT KANGRA, H.P.,
PRESENTLY WORKING AS
SURVEYOR I&PH SUB DIVISION
RAKKAR DISTRICT KANGRA,
H.P.
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7. SH JEET SINGH,
.
S/O SH. RATTAN SINGH,
VILL INDIRA COLONY,
P.O. HARIPUR, TEH. DEHRA,
DISTRICT KANGRA, H.P.,
PRESENTLY WORKING AS
SURVEYOR I&PH SUB DIVISION
HARIPUR, DISTRICT KANGRA,
H.P.
8. SH. LAYAK RAM,
S/O SH. GARHU RAM,
VILL. MANJHOI,
P.O. ROPA, TEHSIL & DISTT.
HAMIRPUR, H.P., PRESENTLY
WORKING AS SURVEYOR I&PH
SUB DIVISION BHOTA,
DISTRICT HAMIRPUR, H.P.
9. SH. BRAHMA NAND,
S/O SH. ANANT RAM,
VILL. TIPPRI PO BHRAIN,
TEHSIL BHUNTER DISTT.
KULLU, H.P., PRESENTLY
WORKING AS SURVEYOR I&PH
SUB DIVISION LARGI, DISTRICT
KULLU, H.P.
10. SH. CHITTER DEV,
S/O PURAN CHAND,
VILL. JARI, P/O. JARI,
TEHSIL BHUNAR,
DISTT. KULLU, H.P.,
PRESENTLY WORKING AS
SURVEYOR I&PH SUB DIVISION
SHAMSHI, DISTRICT KULLU,
H.P.
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11. SH. SANJAY SHARMA,
.
S/O SH. RAM SWAROOP
SHARMA, R/O VILLAGE
SUGHAR,
P.O. BUNDLA TEA ESTATE,
DISTRICT TEHSIL PALAMPUR
DISTT. KANGRA H.P.
....PETITIONERS
(BY MR. MUKUL SOOD, ADVOCATE)
1.
AND
STATE OF H.P.
r to
THROUGH PRINCIPAL
SECRETARY, IRRIGATION &
PUBLIC HEALTH DEPARTMENT
(I&PH), GOVERNMENT OF H.P.
SHIMLA-2.
2. ENGINEER-IN-CHIEF,
IRRIGATION & PUBLIC HEALTH
DEPARTMENT (I&PH),
GOVERNMENT OF H.P., JAL
SHAKTI BHAWAN, TUTIKANDI,
SHIMLA-5.
....RESPONDENTS
(BY MR. SUDHIR BHATNAGAR
AND MR. DESH RAJ THAKUR,
ADDITIONAL ADVOCATES
GENERAL WITH MR. KAMAL
SHARMA & MR. NARENDER
THAKUR, DEPUTY ADVOCATES
GENERAL)
Whether approved for reporting?.
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.
This petition coming on for orders this day, the Court passed the following:
ORDER
By way of instant petition filed under Article 226 of the
Constitution of India, petitioner has prayed for following reliefs:-
"a. Issue a writ of mandamus directing the respondents
to pay the pay scale of Rs. 1800-3200 to the petitioners
on completion of 12 years of service as Surveyor, which
scale has been further revised on 01.01.1996 and
01.01.2006 on revision of pay scales as has been given
to the other counterparts, i.e.; (Surveyors in Agriculture
Department of Himachal Pradesh and Surveyors in
HPPWD Department), along with arrears and all other
consequential benefits as given to similar situate
persons;
b. Issue a writ of mandamus directing the respondents
to extend the benefits of revision of pay scale to the
petitioners by further directing the respondent to pay the
arrears to the petitioners in view of judgment in CWP No.
5709 of 2014 titled as Tilak Raj Sood v. State of HP and
Ors dated 23.04.2015 upheld vide judgment dated 27th
June 2017 in LPA No. 24 of 2016 titled as State of H.P.
vs Tilak Raj Sood and stands implemented by HPPWD
department vide notification dated 31.05.2019;"
2. Learned counsel for the parties are ad-idem that case of the
.
petitioners is squarely covered with judgment dated 6.8.2021, titled Amar
Lal & Anr v. State of HP and Ors passed in CWP No. 2140 of 2019.
3. Having carefully perused aforesaid judgment rendered by this
Court, this Court finds that issues raised in the instant petition as well as
reliefs, stand duly considered and granted to the similarly situate persons
in the aforesaid petition and as such, prayer made in the instant petition
deserves to be considered and decided in light of the judgment rendered by
this Court in the aforesaid case. It is not in dispute that judgment dated
23.4.2015, rendered by the coordinate bench of this Court in CWP No.
5709 of 2014, titled Tilak Raj Sood, v. State of H.P. and ors, further upheld
by the Division Bench of this Court in LPA No. 24 of 2016 titled State of HP
v. Tilak Raj Sood, decided on 27.6.2017, on the basis of which, petitioners
have claimed relief, have attained finality.
4. Consequently, in view of the above, the directions contained in
the aforesaid judgment are ordered to be made mutatis mutandis applicable
in the present case for all intents and purposes. Needful shall be done by
the respondents within four weeks from today. In the aforesaid terms,
present petition is disposed of alongwith pending application(s), if any.
27th August, 2021 (Sandeep Sharma),
(manjit) Judge
