Citation : 2023 Latest Caselaw 18447 HP
Judgement Date : 28 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 9430 of 2023
Date of decision : 28.11.2023.
.
Ajay Kumar ...Petitioner.
Versus
State of H.P. & others ...Respondents.
Coram:
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
of
Whether approved for reporting?1
For the petitioner
rt : Mr. Ajay Thakur, Advocate.
For the respondents : Mr. Gautam Sood, DAG.
Satyen Vaidya, Judge (Oral):
Notice. Learned Deputy Advocate General accepts
notice on behalf of the respondents.
2. The instant petition has been filed for the following
substantive reliefs:-
"i) That appropriate writ in the nature of mandamus or any other appropriate writ orders
or directionmay very kindly be issued to respondents directing them to step up the pay of the petitioner at par with the pay of his juniors from due date as per notification dated 10.2.2022 issued by the finance department of the State Government i.e. Annexure P-1. Relief sought by the petitioner is squarely covered by
Whether reporters of Local Papers may be allowed to see the judgment?
the facts & law laid down by the Hon'ble Court in judgment dated 9.10.2023 delivered by the Hon'ble Court in CWP No. 1747 of 2023 titled
.
as Dinesh Kumar Sharma and others versus
State of HP & others i.e. Annexure P-3.
ii) That appropriate order or direction may very
kindly be issued to respondents directing them to grant petitioner full arrears of pay along with
of interest to the tune of 6% per annum till realization."
3. rt Learned counsel for the petitioner submits that the
petitioner has already submitted a representation dated
6.11.2022 (Annexure P-2) before respondent No.3. He further
submits that the issue involved in the instant petition has
already been decided by a Coordinate Bench of this Court vide
judgment dated 9.10.2023, passed in CWP No. 1747 of 2023.
As per petitioner, the petitioner shall be content at this stage in
case respondent Non.3 is directed to consider the
representation of the petitioner Annexure P-2 in terms of
judgment passed in CWP No. 1747 of 2023 in a time bound
manner.
4. Prayer being innocuous is allowed.
5. Accordingly, the petition is disposed of without
making any comments on the merits of the case of the
petitioner with direction to respondent No.3 to consider and
decide the representation of the petitioner dated 6.11.2023
.
(Annexure P-2) within six weeks from today by passing a
detailed speaking order and more particularly taking into
consideration the judgment passed by a Coordinate Bench of
this Court on 9.10.2023 in CWP No. 1747 of 2023 titled Dinesh
of Kumar Sharma & others vs. State of H.P. & others. Pending
miscellaneous application, if any, also stand disposed of.
rt
(Satyen Vaidya)
28th November, 2023 Judge
(kck)
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