Himachal Pradesh High Court
CWP/11485/2011 on 28 December 2011
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 11485 of 2011-I
Date of Decision 28th December, 2011
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Netter Singh, son of Sh. Telu Ram, r/o VPO Banore, Paonta Sahib, Distt. Sirmour H.P.
……Petitioner
Vs.
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1. State of Himachal Pradesh, through Secretary (Education) to the Government of Himachal Pradesh, Shimla.
2. Director Higher Education, H.P., Shimla.
3. The Principal Govt. Senior Secondary School Nageta, P.O. Paonta Sahib, Distt. Sirmour H.P.
….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, J. ________________________________________________________________ For the Petitioner: Mr. Ajay Kumar Dhiman, Advocate
For the Respondents: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General. __________________________________________________________________ Justice Kurian Joseph, C.J. (oral)
The writ petition is filed mainly with the following prayer:- High Court of H.P. 2011:HHC:11651-DB ::: Downloaded on - 05/11/2026 12:11:38 :::CIS
2 “(a) Issue a writ of mandamus or any other writ, order, direction directing the respondents to pay to the petitioner the benefit of merger of 50% of D.A. into basic pay + 11% D.A. w.e.f. 01.04.2004 in the revised pay scale and further revision thereof from time to time till the regularization of their services on their respective dates, with all consequential benefits and arrears accrued on this count with interest as per the judgment of this Hon’ble Court in CWP (T) No. 14232/2008 titled as Nek Ram & others V/s State of H.P. and others, dated 17.11.2009.”
2. As far as the issue of merger of 50% D.A. is concerned, the same is covered in favour of the petitioner by the decision of this Court in CWP (T) No. 14232 of 2008, titled Nek Ram and others versus State of Himachal Pradesh and others. The needful, in the light of the above decision, shall be done in the case of the petitioner and the benefits, if any, to which the petitioner is found eligible, shall be disbursed to him, within a period of two months from the date of production of a copy of this judgment alongwith a copy of the writ petition by the petitioner before the second respondent.
3. So far as the entitlement of the petitioner for revised pay scale is concerned, the parties shall be governed by the decision of this Court in LPA No. 105 of 2010, subject to its finality.
4. Pending application(s), if any, also stands disposed of. No costs.
(Justice Kurian Joseph)
Chief Justice.
December 28, 2011
(Dev Darshan Sud), ms
Judge High Court of H.P. 2011:HHC:11651-DB ::: Downloaded on - 05/11/2026 12:11:38 :::CIS