Nisha Jhalta vs State
2022 Latest Caselaw 7393 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
            ON THE 31st DAY OF AUGUST, 2022
                         BEFORE
             HON'BLE MS. JUSTICE SABINA,




                                                         .

                          &
         HON'BLE MR. JUSTICE SUSHIL KUKREJA





              CIVIL WRIT PETITION NO.8315 of 2021
         Between:-

    1.   NISHA JHALTA, DAUGHTER OF





         SH. PADAM SINGH, RESIDENT
         OF VILLAGE BAROG, POST
         OFFICE BASADHAR, TEHSIL
         THEOG, DISTRICT SHIMLA,                  ....PETITIONER

         H.P. , aged about 54 years
    2.   MANOHAR LAL, SON OF LATE

         SH. NIKKA RAM, RESIDENT OF
         VILLAGE KAPROL (PALANA),
         POST OFFICE KIAR, TEHSIL
         THEOG, DISTRICT SHIMLA,



         H.P., AGED ABOUT 55 YEARS.
    3.   BANSI LAL SHARMA, SON OF
         SH. BAL RAM SHARMA,




         RESIDENT OF VILLAGE
         VIRGARH, POST OFFICE KIAR,





         TEHSIL THEOG, DISTRICT
         SHIMLA, H.P., aged about 55
         years.





    4.   HARI RAM, SON OF SH. KHEM
         CHAND SHARMA, VILLAGE
         AND POST OFFICE PAHAL,
         TEHSIL SUNNI, DISTRICT
         SHIMLA, H.P. , AGED ABOUT 54
         YEARS.
    5.   GEETA CHAUHAN, WIFE OF
         LATE SH. BHAGAT RAM,
         RESIDENT OF VILLAGE
         CHAUR, POST OFFICE
         TIKKARI, TEHSIL NERWA,




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         DISTRICT SHIMLA, H.P. AGED
         ABOUT 46 YEARS.
    6.   SUNITA SHARMA, WIFE OF
         LATE SH. SOHAN LAL
         SHARMA, RESIDENT OF




                                                       .
         VILLAGE BEHLAWAG, POST





         OFFICE BAGRI, TEHSIL
         THEOG, DISTRICT SHIMLA,
         H.P. AGED ABOUT 37 YEARS.





    7.   RAJ KUMAR, SON OF SH.
         PREM DASS SHARMA,
         RESIDENT OF VILLAGE
         KANGUGHATI, POST OFFICE
         JAHU, TEHSIL BHORANJ,




         DISTRICT HAMIRPUR, H.P.              ....PETITIONERS
         AGED ABOUT 51 YEARS.

         (BY MR. D.N. SHARMA,

         ADVOCATE)

         AND

    1.   STATE OF HIMACHAL


         PRADESH THROUGH
         SECRETARY EDUCATION TO
         THE GOVERNMENT OF




         HIMACHAL PRADESH, SHIMLA.
    2.   DIRECTOR OF ELEMENTARY





         EDUCATION, HIMACHAL
         PRADESH AT SHIMLA.
    3.   DEPUTY DIRECTOR OF





         ELEMENTARY EDUCATION,
         KINNAUR.
    4.   DEPUTY DIRECTOR OF
         ELEMENTARY EDUCATION,
         SHIMLA.

        (BY MR. KAMAL KANT,
        DEPUTY ADVOCATE
        GENERAL)
    __________________________________________________




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                This Writ Petition coming on for admission this day,
    Hon'ble Ms. Justice Sabina, passed the following:


                             ORDER

.

Petitioners have filed the petition under Article 226

of the Constitution of India, seeking the following relief:

"a) That by issuing the writ of mandamus, the respondents may very kindly be directed to

give the benefits of the running pay scale, revised from time to time, plus allowances and further with the consequential benefits,

as directed by the Hon'ble High Court of

H.P. vide judgment dated 30/11/2010 in C.W.P. (T) No.6037/2008 Annexure P-1."

2. Learned counsel for the petitioners has submitted

that the case of the petitioners is fully covered by the decision

given by this Court in CWP(T) No.6037 of 2008, titled H.P.

Rajkiya Prathmik Anubandh Adhyapak Sangh versus State

of H.P. & Anr., dated 30.11.2010, vide Annexure P-1, and the

said decision as upheld in appeal vide Annexure P-2. Learned

counsel has further submitted that, at this stage, the petitioners

would be satisfied in case the respondents are directed to

consider the case of the petitioners in terms of Annexures P-1

& P-2, within a time bound manner.

3. Accordingly, without adverting to the merits of the

.

case, the instant petition is disposed of with a direction to

respondent No.2, to consider and decide the case of the

petitioners in terms of the Annexures P-1 & P-2, expeditiously,

preferably within a period of four weeks from the date of receipt

of the copy of this order.

4. Pending miscellaneous application(s), if any, shall

also stand disposed of.

                                                       ( Sabina )




                                                         Judge






                                                  ( Sushil Kukreja )
    August 31, 2022                                   Judge
         (Yashwant)