Himachal Pradesh High Court
Dr. Bhupindra Sharma vs State Of Hiamchal Pradesh And Others on 2 May, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No. 3572 of 2024
Decided on: 02.05.2024
Dr. Bhupindra Sharma ..... Petitioner
Versus
State of Hiamchal Pradesh and others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
_____________________________________________________
For the petitioner
r: M/s Anu Minhas and Mukul Sharma,
Advocates.
For the respondents : Mr. Pushpender Jaswal, Addl. AGfor
respondents No. 1 and 2.
: Mr. Yudhvir Singh Thakur, Advocate,
for respondent No. 3.
Ajay Mohan Goel, Judge (Oral)
Notice. Mr. Pushpender Jaswal, learned Additional
Advocate General and Mr. Yudhivir Singh Thakur, learned Counsel,
accept notice on behalf of respondents No. 1 and 2 & respondent No.
3, respectively.
2. The prayer made in the petition by the petitioner is for
issuance of a direction to the respondents for making good the
payment towards arrears of dearness allowance as also interim relief
alongwith interest.
Whether reporters of the local papers may be allowed to see the judgment?
.
3. Learned counsel for the petitioner has drawn the
attention of this Court to the order passed by the erstwhile
Administrative Tribunal in OA(M) No.68 of 2016, titled as Dr. Rattan
Singh Chandel versus Additional Chief Secretary (Education) and
others, (Annexure P-4) as also the order passed by the Hon'ble
Coordinate Bench of this Court in COPCT No.1128 of 2020, titled as
Dr. Rattan Singh Chandel versus Vivek Vaidya and another, decided
on 22.09.2020 (Annexure P-6) and submitted that the relief, which is
being prayed for by the petitioner, is an issue which is no more res-
integra, as it was held by the learned Tribunal that the employees of
respondent No.3 were entitled for this relief, in terms of the
adjudication made by the learned Tribunal, which has attained
finality. Further, it is evident from the order that has been passed by
the Hon'ble Coordinate Bench in the contempt petition that the
order of the learned Tribunal now stands complied with.
4. At this stage, learned counsel appearing for respondent
No.3 has apprised the Court that even as far as the present
petitioner is concerned, her case stands processed by the College
and the same shall be forwarded to respondent No.2 within three
days from today alongwith necessary recommendation. He further
submitted that this was done on the basis of the communication
.
received from respondent No.2 by respondent No.3 College dated
18.04.2024, which has been made available for the perusal of the
Court relevant contents whereof are being quoted herein below:-
"To The Managing Committee/Principal MLSM College,
Sundernagar, District Mandi, H.P. Sub: CWP No.2163
of 2024, titled as Ashok Sharma vs. State of H.P. &
Ors. Sir, Your attention is invited to the CWP No.2163
of 2024 titled as Ashok Sharma vs. State of H.P. &
Ors., which was listed before the Hon'ble High Court
on 18.03.2024, 28.03.2024 and 10.04.2024 when the
Hon'ble High Court has directed the respondents to
impart instructions regarding grant of arrears of DA
and IR to the petitioner. Since, the case of the petitioner
is squarely covered with the judgment passed in OA(M)
68 of 2016, titled as Dr. Rattan Singh Chandel vs.
State of H.P. & ors., hence you are directed to submit
the due and admissible claim of the petitioner to this
Directorate immediately so as to examine the matter
and to take necessary action in the matter accordingly.
Director of Higher Education Himachal Pradesh"
5. In this view of the matter, this writ petition is disposed
.
of with the direction that after the receipt of the case of the petitioner
from respondent No.3, necessary action thereupon be taken by the
Department as expeditiously as possible and due and admissible
claim be released by respondent No.2 forthwith and not later than
eight weeks as from the date of the receipt of the case of the
petitioner from respondent No.3. In case, due payments are released
within the said period, then the petitioner shall not be entitled for
any interest thereupon, but if the same is not done within the
aforesaid period, then due amount shall also entail 6% simple
interest from the date of the judgment. Pending miscellaneous
applications, if any, also stand disposed of.
(Ajay Mohan Goel)
Judge
May 02, 2024
(narender)
