Vidya Devi vs H.P. University And Another
2023 Latest Caselaw 11143 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5081 of 2023 Decided on: 7th August, 2023

-------------------------------------------------------------------------------------

    Vidya Devi                                                        .....Petitioner




                                                                                     .

                                                  Versus

    H.P. University and another                                   .....Respondents

-------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting? 1

For the Petitioner: Mr. Sanjeev Bhushan, Senior Advocate r with Mr. Rajesh Kumar, Advocate.

For the Respondents: Mr. Devender K. Sharma, Advocate, for respondent No.1.

Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General, for respondent No.2.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

Notice. Mr. Devender K. Sharma, learned

Standing Counsel and Mr. Varun Chandel, learned

Additional Advocate General, appear and waive service of

notice on behalf of respondents No.1 and 2, respectively.

2. Heard.

3. Prayer in this petition is to include Secretariat

pay as part of the Basic Pay for computing pension and

other retiral benefits.

Whether reporters of print and electronic media may be allowed to see the order? Yes.

4. Learned counsel for the petitioner submitted

that the issue raised in this petition is squarely covered by

the judgment rendered by the Hon'ble Single Bench of this

Court in CWPOA No.208/2020 (Durga Ram Vs. Himachal

.

Pradesh University & Anr. alongwith connected

matters), decided on 18.10.2022. Learned counsel for the

petitioner further submitted that the petitioner would be

content in case the respondents/competent authority are

directed to consider and decide the case of the petitioner in

light of the law laid down in the aforesaid judgment, in a

time bound manner. Prayer is not opposed by learned

counsel for the respondents.

5. In this view of the matter, the writ petition is

disposed of by directing the respondents/competent

authority to consider and decide the case of the petitioner

in light of the aforesaid judgment and in case, the petitioner

is found to be similarly situated, then the benefit extended

to the petitioner in the aforesaid judgment, shall also be

extended to the petitioner in the instant case also. The

entire exercise be completed within six weeks from today.

The decision so arrived at shall also be communicated to

the petitioner.

The writ petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if

any.

.

                                                Jyotsna Rewal Dua
    August 07, 2023                                   Judge
           Mukesh





                       r           to