Anjana Kanwar & Ors vs . State Of Hp & Anr
2023 Latest Caselaw 706 HP

Anjana Kanwar & ors Vs. State of HP & anr

.

CWP No. 3243 of 2022 a/w

CWPOA No. 2703 of 2020, CWPN No. 7936 of 2021 and CWP Nos 18 and 2339 of

11.1.2023 Present: Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for the petitioners, in CWP No. 3243 of 2022.

r to Mr. Mohar Singh Advocate for the petitioner(s) in CWPOA No. 2703 of 2020, CWP No. 7936 of 2021 and CWP Nos 18 and 2339 of 2022.

Mr. Y.P.S.Dhaulta, Additional Advocate General with Mr. J.S. Guleria, Dy.

A.G., for the respondents­State.

CMP No. 235 of 2023 in CWP No. 3243 of 2022

The respondents have filed counter­

affidavit, paras 6, 7 and 8 whereof are reproduced

as under:

"6. That it is submitted that after the year December 2021, on the introduction of the HP Civil Services (Revised Pay )Rules 2022 effective from 1.1.2016 as notified by the State Government vide notification dated 3.1.2022, the pay of almost all the petitioners alongwith all the other similarly situate Government employees have been re­fixed in the revised pay structure by their respective Drawing and Disbursing Officers/Officer Incharges and the due and admissible arrears as per the Government directions stood released after revised pay fixations in the matter.

7. That is is submitted that as per the further information gathered, the service Books

.

of all the petitioners stood also updated by making necessary entries by their concerned establishment offices. It is further submitted that however in so far

as the updation of services book with the credit of earned leaves for the period from the year 2003 (i.e. the date of their initial appointment on contract

basis) to the year 2012 (i.e. the actual date of regularization of their services), the matter has been referred by the office of the present deponent to the

Government for seeking necessary

clarification/devision with regard to the admissibility of such leave for any back period on the basis of notional benefits from the retrospective

date besides other clarifications as some references have further been received from such candidates for

conversion of the extra ordinary leave already availed by them earlier into the study leave on the

basis of the earned leave to be credited in their favour as per the judgment of notional benefit as

granted to them, vide its letter dated 9.1.2023, copy placed on record as Annexure R­A for kind perusal of the Hon'ble Court.

8. That is is submitted that accordingly, the necessary clarification/decision of the Government on the above proposal is still awaited in the matter. It is added that as per the decision/clarification of the Government, the service books of the petitioners shall further be updated with regard to the leave accounts including the earned leave accordingly."

2. Taking into consideration the averments

made in the application, we deem it appropriate to

grant six weeks' time to the respondent to comply

.

with the judgment in question, as otherwise has

been undertaken by the respondents. The

application stands disposed of.

CWP No. 3243 of 2022 a/w CWPOA No. 2703 of 2020, CWP

No. 7936 of 2021 and CWP Nos 18 and 2339 of 2022

3. For compliance, list on 12.4.2023.

(Tarlok Singh Chauhan) Judge

(Virender Singh) Judge

January 11, 2023 (kalpana)