Himachal Pradesh High Court
CWP/11520/2011 on 29 December 2012
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
CWP No. 11520 of 2011-B
Decided on: 29.12.2011
Yog Raj, S/o Sh. Mahant Ram, R/o VPO Hari Behna, Tehsil Sarkaghat, Distt. Mandi, H.P.
....Petitioner
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1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla-2.
2. Director, Elementary Education, Himachal Pradesh, Shimla-171 001.
5. Deputy Director of Elementary Education Mandi, Distt. Mandi, (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 petitioners : Mr. Surender Saklani, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General, Mr. J.K. Verma, Deputy Advocate General and Mr. Ramesh
Thakur,
Assistant Advocate General.
Justice Kurian Joseph, C.J. (Oral)
The writ petition is filed mainly with the following prayer:- “i)That a writ of mandamus may very kindly be issued thereby directing the respondents to count the untrained period of petitioner w.e.f. 1966 to 1970 as regular period and thereafter all consequential benefits of pay, arrears, seniority, pay fixation etc. may very kindly be granted in favour of the petitioner.”
2. According to the petitioner, the issue is covered by the decision of this Court in Hira Lal versus State of H.P. & another in CWP No. 319 of 1997, decided on 17.6.2008. The petitioner has submitted Annexure P-1, representation and the same is pending before the third respondent. There will be a direction to the third respondent/competent authority to look into Annexure P-1 and take appropriate action in accordance with law, also in the light of the decision, referred to above, within a period of four months from the date of production of a copy of this judgment alongwith a copy of the writ petition and a copy of the judgment, referred to above, by the petitioner before the third respondent/competent authority.
3. The writ petition is disposed of, so also the pending application(s), if any.
(Justice Kurian Joseph),
Chief Justice.
December 29, 2011 (Justice Dev Dasrshan Sud), ( ms/hl) Judge.