Chet Ram vs State Of Himachal Pradesh & Others
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Himachal Pradesh High Court

Chet Ram vs State Of Himachal Pradesh & Others on 4 October, 2024

Author: Virender Singh

Bench: Virender Singh

                                                                        ( 2024:HHC:9553 )


IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     CWPOA No. 5937 of 2020
                                                     Decided on : 04.10.2024

Chet Ram                                                                 ...Petitioner

                                         Versus

State of Himachal Pradesh & Others                                    ...Respondents

Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1

For the petitioner             :    Mr. Sanjay Kumar Sharma, Advocate.

For the respondents :               Mr. Mohinder Zharaick, Additional
                                    Advocate General with Mr. Rohit
                                    Sharma, Deputy Advocate General.

Virender Singh, Judge (Oral)

CMP­T No.779 of 2024

Keeping in view the factual position, as mentioned,

in the application, the same is allowed and the main matter is

taken up for hearing today itself. Application is, thus, disposed

of.

Petitioner­Chet Ram has invoked the jurisdiction

of the erstwhile Himachal Pradesh State Administrative

Whether Reporters of local papers may be allowed to see the judgment? Yes.

2 ( 2024:HHC:9553 )

Tribunal (hereinafter referred to as the 'Tribunal'), by way of

Original Application No.291 of 2018, preferred, under Section

19 of the Administrative Tribunals Act, 1985 (hereinafter

referred to as the 'Act'), seeking the following reliefs:­

"a. The respondents be directed to consider the name of the applicant as appeared at Sr. No.30 of the Annexure­A/4 and release the second time scale increment, enhancement or benefits under New ACP Scheme of 4­9­14 to the applicant on completion of nine (9) years service at par with his counterparts in sequel to Annexure­A/5;

b. If any rejection has been ordered by the respondent in respect of the new ACP Scheme benefits to the applicant, is such event the rejection order may kindly be quashed; c. If the applicant is fallen due to the third time scale enchantment under the New ACP Scheme of 4­9­14; the respondents further be directed to the release the same to the applicant forthwith with arrears thereof along with interest. d. The respondents be directed to grant and release the first increment under Old ACP Scheme of 8­ 16­24­32 w.e.f. 15.11.2002 in place of 13.11.2004 and the arrears of it be ordered to be released on actual basis."

2. After the abolition of the learned Tribunal, the

said Original Application was transferred to this Court and

thereafter, registered as CWPOA No.5937 of 2020.

3. It has fairly been submitted by learned counsel,

appearing for both the parties, that similar issue has already 3 ( 2024:HHC:9553 )

been decided by a Division Bench of this Court, in CWPOA

No.5952 of 2020, titled as 'Pankjakshi Sharma Versus

State of Himachal Pradesh & Others', vide order dated

06.07.2023.

4. In such situation, it would be just and appropriate,

for this Court, to direct the respondents to consider the case of

the petitioner, in the light of the decision of Pankjakshi

Sharma's case (supra), within a period of six weeks, from

today, by passing a reasoned order.

5. The present petition is disposed of, in the aforesaid

terms. Pending application(s), if any, shall also stand disposed

of.

( Virender Singh ) Judge October 04, 2024 ( ps )