Partly allowed

Kishore Kumar and Others v. State of Hp and Others

Himachal Pradesh HC10 Aug 2023CWP/4020/2023

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh discontinued examination of the merits of a writ petition filed by government servants seeking higher grade pay, arrears, and honorarium, and instead directed the state to decide their cases referencing specific precedents.

What did the court decide?

Direction to respondents to decide petitioners' cases regarding grievances within six weeks considering Mukesh Manhas and Ajay Thakur judgments.

Kishore Kumar and Others Vs State… — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.4020 of 2023

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Decided on: 10^th August, 2023

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------------------------------------------------------------------------------------- Kishore Kumar and others …..Petitioners

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Versus

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State of H.P. and others .....Respondents

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-------------------------------------------------------------------------------------

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioners: Mr. Ishan Verma and Mr. Digvijay Singh Thakur, Advocates.

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For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Additional Advocate General and Ms. Seema Sharma & Mr. Sumit Sharma, Deputy Advocates General.

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Jyotsna Rewal Dua, Judge

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Notice. Mr. Y.P.S. Dhaulta, learned Additional

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Advocate General, appears and waives service of notice on behalf of the respondents.

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2. This writ petition has been filed for the grant of following substantive reliefs:-

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“i. That the respondent may be issued appropriate writ, order or directions to pay the Grade Pay of Rs.4200/instead of Rs.3600/- w.e.f. 3.1.2015 and 7.1.2015.

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ii. That the respondents may be further directed to pay arrears with interest @ 12% per annum.

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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iii. That the respondent may kindly be directed to pay honorarium to the petitioners as per Para Teacher (Lecturers School Cadre) Policy for which the petitioners admittedly serving as Para Teacher (Lecturers School Cadre).”

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3. Learned counsel for the petitioners submitted that the respective cases of the petitioners are squarely covered by the judgments rendered by this Court in CWP-T No.2114 of 2008 (Mukesh Manhas & others Versus State of H.P. & another) , decided on 03.11.2010 and CWP No.2083/2021 (Ajay Thakur & ors. Versus State of H.P. & ors.) , decided on 19.07.2023. Learned counsel further submitted that the petitioners would be content in case a direction is issued to the respondents/competent authority to consider and decide the respective cases of the petitioners for redressal of their grievances raised in the writ petition in light of the aforesaid judgments within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.

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4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by directing the respondents/ competent authority to consider and decide the respective cases of the petitioners for redressal of their grievances raised in the writ petition, in accordance with law and

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taking into consideration the above judgments in the cases

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of Mukesh Manhas and Ajay Thakur , supra , within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.

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The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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August 10, 2023 Mukesh

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Jyotsna Rewal Dua Judge

Kishore Kumar and Others v. State of Hp and Others

Case brief

What is this about?

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Kishore Kumar and Others v. State of Hp and Others

Case brief

What is this about?

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