Ram Sharan Sharma & Ors vs State Of Himachal Pradesh & Ors
2023 Latest Caselaw 17988 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH
                             AT SHIMLA
                                       CWP No.8385 of 2023
                                       Decided on: 16th November, 2023
    _________________________________________________________




                                                                          .
    Ram Sharan Sharma & ors.                    ....Petitioners





                                              Versus





    State of Himachal Pradesh & ors.                                     ....Respondents

    Coram
    Hon'ble Mr. Justice Ranjan Sharma, Judge





    1 Whether approved for reporting?




    For the petitioners                   :    Mr.   Devender                K.       Sharma,
                                               Advocate.

    For the respondents                   :    Mr. Vishal Panwar, Additional

                                               Advocate, General.

    Ranjan Sharma, Judge (Oral)

Notice. Mr. Vishal Panwar, learned Additional

Advocate General, appears and waives service of notice on

behalf of the respondents.

2. The petitioner(s), being retirees on 31.01.2001,

31.01.2019 and on 31.03.2018, respectively, are claiming the

benefit of bunching increments for the service rendered as a

Junior Basic Teacher (JBT) on adhoc basis and thereafter on

regularization till their retirement, have come up before this

Whether reporters of Local Papers may be allowed to see the judgment? Yes

Court, seeking following relief(s):-

"(i). That a writ in the nature of certiorari may very kindly be issued and impugned rejection order 27.12.2010 dated (Annexure P-4) may be

.

quashed and set aside;

(ii). That a writ in the nature of mandamus may very kindly be issued and the petitioners be held

entitled for the benefit of their adhoc service towards bunching and stagnation scale with effect from due date and the pay fixation of

petitioners be ordered to be reaffixed with all consequential benefits after granting benefits of r bunching of increments in view of judgment passed in CWPOA 7531 of 2019 titled Madan Lal

vs. State of H.P (Annexure P-5) in the interest of justice and fair play.

(iii). That the respondents may kindly be directed to

pay the arrear accrued on account of granting benefits of bunching of increments with interest @ 12% interest till the date of realization."

3. In terms of the reliefs so claimed, petitioners

at the very outset submits that their case for grant of

bunching increments is squarely covered by the judgment

passed by Coordinate Bench of this Court, in CWPOA

No.7531 of 2019, titled as Madan Lal and others vs. State

of Himachal Pradesh and another, decided on 30.12.2022

(Annexure P-5), and the petitioners being similarly placed

cannot be singled out and denied the similar benefits.

4. Per contra, Mr. Vishal Panwar, learned Additional

.

Advocate General, vehemently opposes the prayer of the

petitioners, on the ground that the petitioners are claiming

benefit of bunching increments by taking into account their

uninterrupted and continuous ad-hoc services rendered

before regularization belatedly and the claim suffers from

delay and latches. The learned State Counsel submits that

the State Government has turned down the case of

employees, claiming the benefits of bunching increments

for ad-hoc service, on pay drawn in the pre-revised scale and

in revised scale on 24/27.12.2010 (Annexure P-4), which is

being assailed in this writ proceedings after thirteen years

and that too after prolonged delay from the date of

superannuation and the stale claims cannot be revived

belatedly. Therefore, the case of the petitioners shall be

examined in light of the judgment passed by Coordinate

Bench of this Court in Madan Lal's case (supra), subject to

delay and latches.

5. Faced with this situation, learned counsel for

the petitioners submits that he shall make a representation to

the Respondent No.2-Director of Elementary Education to

.

the Government of Himachal Pradesh, within two weeks from

today; with further directions to the aforesaid respondent,

to examine/consider the matter and pass appropriate orders,

within six weeks thereafter.

Needless to say that, this Court has not adverted

6.

to the rival contentions and merits of the matter and all

questions of facts and law are left open.

In aforesaid terms, the writ petition as well as

the pending miscellaneous application(s), if any, shall also

stand disposed of, accordingly.

(Ranjan Sharma)

Judge November 16, 2023

(Shivender)