Prakash Chand Thakur vs State Of H.P. & Ors
2023 Latest Caselaw 13067 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 6090, 6091, 6095, 6096, 6135, 6156 and

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6170 of 2023

Decided on: 06.09.2023 CWP No.6090/2023

Prakash Chand Thakur ....Petitioner

Versus State of H.P. & Ors. ......Respondents

CWP No.6091/2023

Prem Lata ....Petitioner Versus State of H.P. & Ors. ......Respondents

CWP No.6096/2023

Joginder Kumar & Ors. ....Petitioners Versus State of H.P. & Anr. ......Respondents

CWP No.6095/2023

Neelam Sharma ....Petitioner Versus State of H.P. & Anr. ......Respondents

CWP No.6135/2023

Kuldip Singh ....Petitioner

Versus State of H.P. & Anr. ......Respondents

CWP No.6156/2023

Ranbir Singh ....Petitioner Versus State of H.P. & Anr. ......Respondents

CWP No.6170/2023

Sanjeev Kumar ....Petitioner

Versus State of H.P. & Ors. ......Respondents

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Coram

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1

For the petitioner : Ms. Shikha Rajta, Mr. Jagdish Thakur, Mr. Abhinav Purohit, Advocates, for the petitioners in the respective petitions.

For the respondents : Mr. Anup Rattan, Advocate General with Ms. Seema Sharma, Deputy Advocate, for the respondents/State in all the petitions.

Mr. Rangil Singh, Advocate, for

respondent No.4 in CWP No.6170/2023.

Jyotsna Rewal Dua, J

Notice. Ms. Seema Sharma, learned Deputy Advocate

General, appears and waives service of notice on behalf of the

respondents/State and Mr. Rangil Singh, learned counsel, has put in

appearance on behalf of respondent No.4 in CWP No.6170/2023.

2. The petitioners have filed the present petitions for the

grant of following substantive reliefs: -

CWP No.6156,6096,6135,6095/2023

" to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondents to extend the benefit of judgment of this Hon'ble Court rendered on 07.07.2022 in CWP

Whether reporters of the local papers may be allowed to see the judgment?

No.842/2017 title as State of HP vs. Sardari Lal with all consequential benefits.

CWP Nos.6090 & 6091 of 2023

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" (i) That the respondents may kindly be directed to refix the pay of

hte petitioner and to further protect the pay of the petitioner as under FR 22(1)(a)(i) to next stage higher than lastly drawn to the post of

Lecturers on promotion as Headmaster.

(ii) That the respondents may kindly be directed to provide all consequential and increment benefits to the petitioner as per the fresh fixation of pay and pension."

CWP No.6170/2023 "(i) That the impugned order dated 21.03.2023 as contained in Annexure P-2 qua the petitioner may very kindly be quashed and set

aside and the respondent No.2 be directed to protect the basic pay

of the petitioner which he was drawing as Lecturer i.e. Rs.86,100/- prior to his promotion as Headmaster.

(ii) That the respondent No.2 be directed to issue fresh pay fixation order of the petitioner by protecting his basic pay which he was

drawing prior to his promotion i.e. Rs.86,100/- as Headmaster."

3. Learned counsel for the petitioners submitted that the

relief prayed for by the petitioners is covered by the decision dated

07.07.2022, rendered in CWP No. 842 of 2017 (State of H.P. and

others Vs. Sardari lal and Another and the connected matters).

Learned counsel for the petitioners states that the petitioners would be

content if the cases of the petitioners are considered by the

respondents in light of the aforesaid judgment. Learned Additional

Advocate General has no objection to this prayer.

5. Having regard to above submissions and without

examining the merits of the matter, these petitions are disposed of by

directing the respondents to consider the cases of the petitioners in

light of the aforesaid judgment and pass appropriate orders in

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accordance with law within a period of six weeks from the date of

receipt of copy of this order. The decision so arrived at, shall also be

communicated to the petitioners. Pending miscellaneous

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

Jyotsna Rewal Dua Judge 06th September2023 (Rohit)