Decided On 16.3.202 vs State Of Himachal Pradesh And Anr
2021 Latest Caselaw 2113 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                             CWP No. 5074 of 2020
                                             Decided on 16.3.2021
    Sh. Anmol and others                                                ....Petitioner.




                                                                          .
                      Versus





    State of Himachal Pradesh and anr.                                 ... Respondents.
    ................................................................................................
    Coram





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
    Whether approved for reporting?1





    For the petitioners        :     Mr. Naresh Kaul, Advocate.

    For respondents            :     M/s. Vinod Thakur & Vikas Rathour Addl.
                                     Advocates General with Mr. J.S. Guleria Dy.
                                     Advocate General for the respondents.

    Tarlok Singh Chauhan, J.(Oral)

The instant petition has been filed for the grant of following

substantive reliefs:-

a) That a writ in the nature of mandamus may kindly be issued by directing the respondents to grant the pay scale/pay band of Rs 10,300-34800 + grade pay 5400/- instead of grade

pay Rs. 5000/- from the date of their joining, after the issuance of the notifications dated orders dated 13.01.2020,

03.05.2019 & 16.04.2018 (Annexure P-1) on the post of Block Development Officers, with all consequential benefits, in he interest of law and justice.

b) That the respondents may be directed to fix the pay and pension of the petitioners on the basis of grade pay of Rs. 5400/- in view of judgment rendered by the Hon'ble High Court in CWP No. 3660/2021 titled as Kulbir Singh Rana & others vs. State of H.P. & Anr. decided on 20.09.2012(Annexure P-2), when the decision as mentioned in Annexure P-2 has also been implemented in favour of the petitioners by allowing the CWP's No. 1641/2020, 1642/2020 & 1538/2020 filed by Smt. Pushpa Devi, Sh. Satish Kumar and Sh. Atma Ram respectively on 17.06.2020 & 18.06.2020 (Annexure A-3).

Whether reporters of the local papers may be allowed to see the judgment?

c) That the respondents may further be directed to calculate and pay the leave encashment and retirement gratuity on the basis of grade pay of Rs. 5400/- in view of judgment rendered by this Hon'ble High Court in CWP No. 3660/2012 titled as Kulbir Singh Rana and others Vs State of

.

H.P. & Anr. (Annexure P-2).

d) That the respondents may be directed to grant all consequential reliefs in pursuance to pay fixation in the pay band of Rs, 10,300-34800/- with grade pay of Rs 5400/- in

the interest of law and justice.

2. Mr. Vinod Thakur, learned Additional Advocate General, on

instructions, states that the issue in question is squarely covered by the

judgment rendered by this court in CWP No.3660 of 2012, titled as Kulbir

Singh Rana & Ors. Vs. State of H.P. & Anr, dated 20.9.2012(Annexure

P-2).

3. Accordingly, for the reasons stated in the said judgment,

which shall apply mutatis mutandi to the facts of the present case, the same

is allowed. Let consequential action in terms of the aforesaid judgment be

taken within a period of eight weeks from today.

4. The petition stands disposed of, so also the pending

applications, if any.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 16th March, 2021 (Guleria)