Babu Ram & Ors. vs . State Of H.P. And Ors.
2023 Latest Caselaw 13091 HP

Babu Ram & Ors. Vs. State of H.P. and Ors.

Ex. Pet.(T) No.94 of 2023

.

06.09.2023 Present: Mr. Rajiv Jiwan, Senior Advocate with Mr. Y.K.

Thakur, Advocate, for the petitioners. Ms. Seema Sharma and Mr. Sumit Sharma,

Deputy Advocates General, for respondents No.1, 2, 4 and 5.

None for respondent No.3.

The judgment sought to be executed in the

instant case was passed on 25.08.2022. One year down

the line, it has still not been implemented despite repeated

orders passed in the execution petition. The last order

passed in the matter reads as under:-

"Learned Additional Advocate General has placed on record a copy of office communication dated 31.08.2023, issued from the office of Secretary (SJ&E),

to the Government of Himachal Pradesh to the Director Women & child Development Cderar Home, Brent Wood

Estate, Bamloi, Shimla, H.P., gist of which is as under:-

" I am directed to refer to your letter No.1-53/99- WelEstt.13524 dated 31.08.2023, on the subject

cited above and to convey the approval of the Government to regularize the services of the petitioners from the date of their joining on the post of Drivers notionally as per orders of Hon'ble High Court and restricted it only up to the petitioners. You are therefore, requested to apprise the Hon'ble Court accordingly under intimation to this Department."

Let learned Additional Advocate General to have instruction about re-fixation of pay of the petitioners from the date of their actual regular posting on conferment of notional benefits from retrospective dates.

List on 06.09.2023."

2. Today, when the matter was taken up, learned

Deputy Advocate General has placed on record

instructions dated 06.09.2023 under the signatures of

Senior Law Officer, Women & Child Development,

.

Himachal Pradesh. As per these instructions, 'the

petitioners have been regularized from the dates of their

initial appointments as Drivers; The respondent-State is

re-fixing the pay of all the petitioners in accordance with

the decision; However, as the petitioners are stationed

across the State and their service books are lying at their

respective places of posting, therefore, only the re-fixation

of pay of the petitioners who are serving in and around

Shimla has been carried out'.

3. Learned Senior Counsel for the petitioners

pointed out that re-fixation of pay of some of the

petitioners carried out by the respondents is not correct.

Petitioner No.2-Sh. Balbir Singh was granted the benefit of

Assured Career Progression Scheme (ACPS). The pay was

to be refixed accordingly not only of Sh. Balbir Singh, but

also of other petitioners as well. This aspect has escaped

the notice of the respondents while re-fixing the pay of

many of the petitioners.

4. Learned Deputy Advocate General, on the basis of

instructions imparted to her by the Senior Law Officer,

submits that re-fixation of pay in accordance with law and

in consonance with the judgment as also taking into

consideration the ACP given to Sh. Balbir Singh, shall be

carried out in the cases of other petitioners as well. She

prays for two weeks' time to do the needful. Correct pay

.

re-fixation orders for all the petitioners be placed on record

by the next date of hearing.

List on 29.09.2023.

                                           Jyotsna Rewal Dua
    September 06, 2023                           Judge
         Mukeshr