Himachal Pradesh High Court
Sparsh Sharma And Ors vs State Of Himachal Pradesh & Anr on 18 November, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2119 of 2022
Decided on: 18th November, 2022
.
Sparsh Sharma and Ors. ... Petitioners
Versus
State of Himachal Pradesh & Anr ... Respondents
Coram
The Hon'ble Ms. Justice Sabina, Judge.
The Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Rupinder Singh Thakur, Advocate.
For the respondents No. : Mr. Anil Jaswal and Mr. Ashwani Sharma,
Additional Advocates General.
Sabina , Judge, (Oral)
ORDER
Learned counsel for the petitioners have filed the petition
under Article 226 of the Constitution of India, seeking following reliefs:-
"(i). That a writ in the nature of mandamus may kindly be
issued by directing the respondent to grant the pay scale/pay
band of Rs.10,300-34,800+grade pay 5400/- instead of grade
pay 5000/- from the date of their joining i.e 14.05.2018 after the
issuance of the notifications on the post of Block Development
Officers with all consequential benefits in the interest of law and
justice.
(ii). 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.3660/2012 titled as Kulbir Singh Rana &
others vs State of H.P & Anr. decided on 20.09.2012(Annexure
1 Whether reporters of Local Papers may be allowed to see the judgment?
P-1) has been implemented, in similar situation Jeet Ram's this
Hon'ble Court has also allowed the CWP's No. 1641 /2020,
1642/2020 & 1538 of 2020 filed by Smt. Pushpa Devi, Sh.
Satish Kumar and Sh. Atma Ram respectively on 17.06.2020
& 18.06.2020 has been allowed.
.
(iii) That the respondents may further be directed to
calculate and pay the leave encashment and retirement
gratuity on the basis of grade pay 5400/- in view of judgment
rendered by this Hon'ble Court in CWP No. 3660/2012 titled as
Kulbir Singh Rana & others versus State of H.P. & Anr.
(Annexure P-2).
(iv) That the respondent may be directed to grant all
consequential relief's in pursuance to pay fixation the pay band
of Rs. 10,300-34,800 with grade pay Rs. 5400/- in the interest
of law and justice".
2. Learned counsel for the petitioners has submitted that the case
of the petitioners is covered by the decisions given by this Court in CWP No.
3660 of 2012, titled Kulbir Singh Rana and others versus State of
Himachal Pradesh and another, decided on 20.09.2012 (Annexure P-2)
and CWP No. 1538 of 2020 titled Atma Ram versus State of Himachal
Pradesh and another, decided on 18.06.2020 (Annexure P-3) and CWP
No. 5074 of 2020 titled Anmol and others versus State of Himachal
Pradesh and another, decided on 16.03.2021 (Annexure P-4). The order
passed by this Court, Annexure P-4, has been duly implemented by the
respondents vide order dated 11.07.2022. At this stage, petitioners would
be satisfied in case the respondents are directed to consider the case of the
petitioners in terms of the decisions given by this Court vide Annexures
P-2,P-3 and P-4.
3. Accordingly, without adverting to the merits of the case, this
petition is disposed of with a direction to the respondents to consider and
decide the case of the petitioners in terms of the decisions given by this
.
Court vide Annexures P-2 ,P-3 and P-4, within a period of eight weeks from
the date of receipt of copy of this order.
4. Pending miscellaneous application(s) if any, shall also stand
disposed of.
5. For compliance, list on 03.03.2023.
r to (Sabina)
Judge
(Sushil Kukreja)
Judge
November 18, 2022
(Subhash/Gaurav)
