Himachal Pradesh High Court
CWP/9520/2013 of KUL PARSAD Vs STATE OF HP on 30 December 2013
COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9520 of 2013-B Date of decision : 30.12.2013 Kul Prasad …. Petitioner. Versus State of Himachal Pradesh and others …. Respondents. Coram The Hon’ble Mr. Justice Sanjay Karol, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9520 of 2013-B
Date of decision: 30.12.2013
Kul Prasad
…. Petitioner.
Versus
State of Himachal Pradesh and others
…. Respondents.
Coram
The Hon’ble Mr. Justice Sanjay Karol, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge.
Whether approved for reporting?[1] No.
For the Petitioner : Mr. M.L. Sharma, Advocate. For the Respondents:Mr. R.S. Verma, Additional Advocate General, Mr. R.M. Bisht, Dy. A.G. and Mr. J.S. Guleria, Asstt. A.G.
General, Mr. R.M. Bisht, Dy. A.G. and
Sanjay Karol, Judge(Oral)
Petitioner has prayed mainly for the
following reliefs:-
“i) That the respondents may kindly be directed to give the monetary benefits to the petitioner w.e.f. due date, i.e 01.01.2003, by issuing a writ of mandamus. directed to give the monetary benefits to the petitioner w.e.f. due date, i.e 01.01.2003, by issuing a writ of mandamus.
ii) That the respondents may further be directed to give the all consequential benefits in the favour of the petitioner with effect from 01.01.2003 till the date directed to give the all consequential benefits in the favour of the petitioner with effect from 01.01.2003 till the date Whether reporters of Local Papers may be allowed to see the judgment?
of realization with interest @ 12% per annum.”
2. In view of the judgment rendered by a Co-ordinate Bench of this Court in CWP No.6980 of 2013, titled as Chander Sukh versus State of H.P. and others, alongwith connected matter, decided on 24.12.2013, the prayers cannot be granted. In terms of impugned order dated 13.9.2012 (Annexure P-2), the benefit of work charge status stands accorded only on notional basis. Monetary benefits stand restricted only for a period of three years. As such, we direct the respondents-State to disburse all arrears, due and admissible, in accordance with law, on or before 31.3.2014.
With the aforesaid observations, present petition stands disposed of, so also, pending application(s), if any.
Copy Dasti.
(Sanjay Karol ), Judge.
December 30, 2013(KS)
(V.K. Sharma),Judge.