Roop Lal vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15263 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                              CWPOA No.4219 of 2020
                                              Date of Decision : 04.10.2023




                                                                                .
    Roop Lal





                                                                         ...... Petitioner
                                     Versus
    State of Himachal Pradesh and others





                                                                         ......Respondents

    Coram:





    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge
    The Hon'ble Mr. Justice Bipin Chander Negi, Judge
                                      1
    Whether approved for reporting?


    For the Petitioner           : Mr. R.S. Gautam, Advocate.

    For the Respondents : Mr. Anup Rattan, Advocate General with
                          Mr. Manoj Chauhan, Additional Advocate


                          General.


    Vivek Singh Thakur, Judge (oral)

Petitioner has approached this Court for quashing of

impugned memo dated 08.02.2017 (Annexure A-4) and

communication dated 09.10.2017 (Annexure A-9) issued by the

Director Higher Education, Mandi denying the benefit of

special/additional increment to the petitioner on completion of 20

years regular service as Class-IV employee with further prayer to

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

grant him such additional increment w.e.f. 01.08.2012 with arrear

alongwith interest @ 9% per annum.

2. During pendency of the petition on 12.09.2023,

.

respondents had placed on record an office Order dated

08.09.2023 granting benefit of one additional increment to the

petitioner w.e.f. 25.08.2012. However, at the same time, showing

him in a lower pay scale than to his juniors. Therefore,

respondents were directed to explain this.

    3.    On   26.09.2023,
                       r     respondents    had     placed       on     record

instructions dated 26.09.2023 communicating that enhanced pay

scales of petitioner and his junior were fixed at different times

according to their pay scale existing at relevant time and that all

admissible benefits have already been extended to the petitioner

as per norms and instructions issued by the Government from

time to time.

4. Learned counsel for the petitioner submits that petitioner

shall be satisfied in case monetary benefits as per instructions

dated 26.09.2023 are directed to be released in a time bound

manner.

5. In view of above facts and circumstances of the present

case, respondents are directed to disburse/release the monetary

benefits extended to the petitioner as per his entitlement as

communicated vide Office Order dated 08.09.2023 and

instructions dated 26.09.2023 on or before 31.01.2024, failing

which, petitioner shall also be entitled to interest @ 6% per

.

annum from the date of increment till the date of final payment of

the dues. In that eventuality, after payment of interest to the

petitioner, the amount of interest shall be recovered from the In-

charge of the Department responsible for causing delay in

payment and it shall be deposited in the Government Treasury.

6. Petition stands disposed of in the aforesaid terms. Pending

miscellaneous application(s), if any, shall also stand disposed of.

                                             ( Vivek Singh Thakur)
                                                    Judge



                                             ( Bipin Chander Negi)




    October 04, 2023 (KS)                             Judge