Manju Devi And Others vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 1249 HP

HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4462 of 2020 Decided on:24.02.2021

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Manju Devi and others ..........Petitioners Versus State of Himachal Pradesh and another ........Respondents

________________________________________________________ Coram:

Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice. Hon'ble Mr. Justice Ravi Malimath, Judge.

Whether approved for reporting?1 For the petitioners : Mr. Adarsh K. Vashista, Advocate.

For the respondents :

Mr. Ashok Sharma, Advocate General r with Mr. Ranjan Sharma, Mr. Adash K.

Sharma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, Additional Advocates General, for respondents-State. _________________________________________________________ L. Narayana Swamy, Chief Justice (Oral).

The present writ petition has been preferred with the

following prayer(s):-

"i). That the respondents may kindly be directed to pay the

revised pay scale, increments and other benefits from the date of initial appointments, to the petitioners, as is being paid to the similarly situated teachers, with all

consequential benefits.

ii). That a writ in the nature of mandamus may kindly be issued directing the respondents to release 50% Dearness Allowance to the petitioners for which the petitioners are entitled as per the ratio laid down by this Hon'ble Court in "Nek Ram & Others Vs. State of H.P. & Others" in CWP(T) No.14232/2008, decided on 17.11.2009, with all consequential benefits.

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

Furthermore, the respondents be directed to pay the due and admissible amount in one instalment to the petitioners within a stipulated period."

2. In view of the averments and prayer made in the present

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writ petition, we deem it proper to dispose of this petition with

permission to the petitioners to make a detailed representation before

the competent authority for claiming similar relief, as claimed in the

present writ petition, within a period of two week from today. On

making such representation by the petitioners, the competent authority

shall consider the same and take conscious decision thereon, in

accordance with law, within a period of three months thereafter.

However, it is made clear that in case the petitioners are not satisfied

with the decision to be taken by the respondents-State, liberty is

reserved for them to again approach this Court for redressal of their

grievances.

3. With the aforesaid directions, the present writ petition

stands disposed of, so also pending miscellaneous application(s), if any.

(L. Narayana Swamy) Chief Justice

(Ravi Malimath) February 24, 2021. Judge (Yashwant)