CWP/6021/2011 on 29 December 2012

1. State of Himachal Pradesh through Secretary (Health) to the Government of H.P., Shimla (HP).

2. Director of Health Services, HP, Shimla (HP).

3. Chief Medical Officer, District Shimla (HP).

4. Senkior Medical Officer-cum-Incharge, Civil Hospital Khaneri, Tehsil Rampur, District Shimla(HP).

….Respondents. Civil Writ Petition under Article 226 of the Constitution of India. _______________________________________________

Coram:

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, Judge. ____________________________________________________________ For the Petitioner:

Mr.Naveen Bhardwaj, Advocate.

For the Respondents: Mr. R.K.Bawa, Advocate General with Mr.Ankush Dass Sood, Addl. Advocate General. ____________________________________________________________ Justice Kurian Joseph, C.J. (oral)

The writ petition is filed with the following prayers: “(a). To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent Department not to superannuate the petitioner with effect from 31/07/2011 on attaining the age of 58 years as the petitioner is being paid pay and allowances of Class IV employee and the petitioner is therefore entitled to be superannuated only after attaining the age of 60 years after 2 years and inc ase the petitioner is superannuated during the pendency of this writ petition, the petitioner be held entitled for all the consequential benefits and arrears along with interest @ 18% per annum for the said period; or in the alternative; (b). to issue a further writ of mandamus or an appropriate writ, order or direction in nature thereof directing the respondent Department to pay pay and allowances to the petitioner for the post of Class III with all the consequential benefits including arrears thereof alongwith interest therein @18% pa, which is not being given to the petitioner by the respondent Department though all other similarly situated employees have been paid the said benefits in pursuance to the judgment of the erstwhile Ld. Administrative Tribunal in the case of Shri Bhagat Ram and Others (TA No.253/1986) whereby Ld. Tribunal directed the respondent department to give the pay scale of 400-600 w.e.f. the back date, i.e. 01/3/1980, to the category of Cooks as was being paid to the Cooks of the other department and they were directed to be treated as Class III employees.”

2. Cook is in class-III, therefore, the petitioner’s retirement at the age of 58 years is proper; only those Class-IV employees appointed prior to 10.5.2001 alone are entitled to continue up to the age of 60 years. As far as prayer No.2 for the pay scale of Rs. 400-600 w.e.f. 1.3.1980 is concerned, the petitioner had already approached this Court in CWP No. 274 of 2010 which has been disposed of on 25.11.2011. It is also brought to the notice of this Court that L.P.A has also been dismissed and the judgment has become final. If that be so, the benefits in that regard will be disbursed to the petitioner and pay would be appropriately fixed and pension also within a period of three months from the date of production of the copy of this judgment by the petitioner.

3. The writ petition is disposed of, so also the pending application(s), if any.

(Justice Kurian Joseph)

Chief Justice.

(Justice Dev Darshan Sud),

Judge .

December 29, 2011 (R/Jai)