Ram Prakash Sharma vs State Of Himachal Pradesh & Others
2024 Latest Caselaw 12746 HP

Himachal Pradesh High Court

Ram Prakash Sharma vs State Of Himachal Pradesh & Others on 30 September, 2024

Author: Virender Singh

Bench: Virender Singh

                                                                            ( 2024:HHC:9364 )


    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                         CWPOA No. 5932 of 2020
                                                         Decided on : 30.09.2024




                                                                              .

    Ram Prakash Sharma                                                       ...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. H.S. Rawat, Additional Advocate
                                        General with Mr. Rohit Sharma,
                                        Deputy Advocate General.

    Virender Singh, Judge (Oral)

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.

Petitioner­Ram Prakash Sharma has invoked the

jurisdiction of the erstwhile Himachal Pradesh State

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

2 ( 2024:HHC:9364 )

Administrative Tribunal (hereinafter referred to as the

'Tribunal'), by way of Original Application No.288 of 2018,

.

preferred, under Section 19 of the Administrative Tribunals

Act, 1985 (hereinafter referred to as the 'Act'), seeking the

following reliefs:­

"a. The office orders of rejection vide Annexure­

A/11, A/12 and A/15 be set aside/quashed.

b. The respondents be directed to consider the name of the applicant as appeared at Sr. No.31 of the Annexure­A/4 and release the second

increment, enhancement or benefits under New

ACP Scheme of 4­9­14 to the applicant on completion of nine (9) years service as on Nov. 2013 at par with his counterparts in sequel to Annexure­A/5.

c. If the applicant is fallen due to the third enchantment under the New ACP Scheme of 4­9­ 14, 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.ef 15­11­2002 to 13­11­2004 on actual basis with interest.

e. All the financial benefits under New ACP Scheme be directed to be released to the applicant on actual basis retrospectively from the date when such benefits had fallen due to the applicant."

3 ( 2024:HHC:9364 )

2. After the abolition of the learned Tribunal, the

said Original Application was transferred to this Court and

.

thereafter, registered as CWPOA No.5932 of 2020.

3. It has fairly been submitted by learned counsel,

appearing for both the parties, that similar issue has already

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 September 30, 2024 ( ps )