Himachal Pradesh High Court
CWP/11434/2011 on 28 December 2011
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
CWP No. 11434 of 2011.
Decided on: 28th December, 2011.
Ashok Kumar son of Shri Munshi Ram, R/O village and
PO, Shahpur, Tehsil Shahpur, District Kangra, H.P.
Petitioner.
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1. The State of H.p. through Principal Secretary
(Education), Shimla.
2. The Director of Elementary Education, Shimla.
3. The Deputy Director of Elementary Education, Kangra at Dharamshala.
Respondents. ----------------------------------------------------------------------------------
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dev Darshan Sud, Judge.
For the petitioner : Mr. Ranjan Sharma, Advocate.
For the Respondents : Mr. R.K. Bawa, Advocate General,
with Mr. J.K. Verma, DAG. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral)
The writ petition is filed with the following prayers: “(i) That the respondents may be directed to release/restore the pay scale of Rs.1640-2925 to the petitioner from the date of initial appointment and then from the date of regularization; as revised w.e.f. 1.1.1996 and then w.e.f. 1.1.2006 till day as OT/Shastri teacher; without discriminating the petitioner when this restored pay scale has been released to Sh. Mohinder Singh and many other similarly placed Shastri/OT teachers as in ground (c) above; on the basis of the judgments passed by this
Hon’ble Court in CWP (T) 2903/2008 vide Annexures P-4; LPA No.
dated 30.3.2010 vide Annexure P-5 which also stands implemented as per the letter dated 31.7.2010 vide Annexure P-6 forthwith.
(ii) That the action of the respondents in reducing the pay scale of the petitioner from Rs.1640-2925 to Rs.1500-2700 illegally may kindly be quashed and set aside.”
2. It is submitted that the judgment in LPA No. 107 of 2009 has attained finality and the same has been implemented also. Reference is invited to Annexures P-6 and P-8 in that regard. In case the petitioner is similarly situated, similar treatment shall be given to the petitioner herein also. The needful shall be done by the second respondent within a period of two months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner before the second respondent. It is also made clear that the consequential benefits to which the petitioner is found entitled shall be disbursed within another one month.
3. The writ petition is disposed of, so also the pending applications, if any.
(Justice Kurian Joseph),
Chief Justice
28th December, 2011.
(Justice Dev Darshan Sud),
(tr) Judge.