CWP No. 5833 of 2024 with
CWP Nos.6859 & 5835 of 2024
Date of Decision: 13.05.2025
_______________________________________________________
1. CWP No. 5833 of 2024
Noshida Khatoon .......Petitioner
Versus
State of Himachal Pradesh & another ... Respondents
2. CWP No. 6859 of 2024
Smt. Champa Thakur .......Petitioner
Versus
State of Himachal Pradesh & another ... Respondents
3. CWP No. 5835 of 2024
Kamlesh Kumari .......Petitioner
Versus
State of Himachal Pradesh & another ... Respondents
Whether the reporters of the local papers may be allowed to see the judgment?
Mr. Dhananjay Sharma, Advocate for
respondent No.3, in the respective
petitions.
_______________________________________________________
Sandeep Sharma, Judge(oral):
With the consent of the parties, all these petitions are
being disposed of with a common order.
2. The petitioners herein are seeking revised pay scale
w.e.f. 01.01.1996 and w.e.f. 01.01.2006 with all consequential
benefits. The petitioners were initially appointed as Balsevika-cum-
Craft Teacher on regular basis. One Meera Thakur, who was similarly
situated as the petitioners, filed CWP No. (T) No.12225 of 2008
before the Erstwhile Himachal Pradesh Administrative Tribunal, which
matter after its transfer to this Court was decided by this Court on
14.07.2010, directing the authorities to consider the case of the
petitioner therein for revision of pay scale from Rs.950-1800 to 3120-
5160 w.e.f. 01.01.1996. This order attained finality, but the same was
not being implemented by the State. In this background, Ms. Meera
Thakur and others had filed CWP No.60 of 2012, titled as Meera
Thakur and others versus State of Himachal Pradesh and others,
which was decided by this Court on 19.03.2015 in the following
terms:-
"It cannot be disputed that the present lis is squarely
covered by the judgment passed by this Court in CWP(T)
No.12225 of 2008 and other connected matters, decided
on 14.7.2010, whereby the State was directed to consider
the case of the petitioners on the analogy of Annexure
A-11, dated 13.06.1989 to revise the pay scales of
Rs.950-1800 to Rs.3120-5160 w.e.f. 01.01.1996. This was
the mandate of the Court and the respondents had no
authority whatsoever to sit over the judgment passed by
this Court. Since these directions admittedly have
attained finality, the respondents-State is directed to
comply with the directions contained in CWP (T)
No.12225 of 2008 in its letter and spirit. Needful be done
within six months. Needless to say in case the judgment
is not complied with, within the aforesaid period, the
respondents shall be liable to pay interest @ 9% per
annum from the date when the amounts were due to the
petitioners."
3. Thereafter, one Mukesh Kumari and others, who were
the employees of respondent No.4-Board, sought the benefit of the
judgment in case of Meera Thakur & others Versus State of Himachal
Pradesh & others, i.e. CWP(T) No.12225 of 2008, decided on
14.07.2010 and CWP No.60 of 2012] decided on 19.03.2015. Based
on the judgment in case of Meera Thakur and others, this Court in
CWP No.9033 of 2014, titled as Mukesh Kumari & others Versus
State of H.P. & others, decided on 26.05.2015, passed the following
orders:-
"It is not in dispute that the present lis is covered
by the judgment rendered by this Court in CWP(T)
No.12225 of 2008, decided on 14.07.2010 read with
judgment rendered by the Coordinate Bench of this
Court in CWP No.60 of 2012, decided on 19.03.2015.
Consequently, the present petition is disposed of
with a direction to the respondents-State to release the
revised pay scale to the petitioners @ Rs.950- 1800 to
3120-5160 w.e.f. 1.1.1996 with interest @ 9% per annum,
within a period of eight weeks from today. The pending
application(s), if any, are also disposed of. No costs."
4. In this background, once the State Social Welfare Board
has granted the revised pay scale of Rs.3120-5160 w.e.f. 01.01.1996,
alongwith the interest @ 9% per annum, in terms of the judgment in
CWP No.9033 of 2014, titled as Mukesh Kumari (supra) decided on
26.05.2015, then, the petitioners being employees of the Board,
cannot be denied similar benefit of revision of pay scales w.e.f.
01.01.1996.
5. Accordingly, these writ petitions are allowed and
respondents are directed to grant similar benefits to the petitioners as
stand granted to the petitioner Meera Thakur and Mukesh Kumar
(supra) within a period of eight weeks from today. Pending
miscellaneous applications, if any, also stand disposed of.
(Sandeep Sharma),
Judge
May 13, 2025
(shankar)
