Disposed

Gulshan Sharma and Others v. the State of Hp and Others

Himachal Pradesh HC6 Sept 2023CWP/4133/2023

Case brief

AI extract

What is this about?

On petition seeking mandamus for revised pay scale benefits, the High Court disposed of the matter in light of a memo issued by the Director of Higher Education, directing respondents to act in accordance with submissions.

What did the court decide?

Petition disposed; respondents directed to do the needful in terms of their submissions within the indicated time-line.

Gulshan Sharma and Others Vs the State of Hp… — Service and Employment | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 4133/2023 Decided on: 06.09.2023 Gulshan Sharma & Ors. .…Petitioners Versus

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State of H.P. & Ors. ……Respondents

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………………………………………………………………………………… Coram

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Ms. Justice Jyotsna Rewal Dua, Judge.

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Whether approved for reporting?¹

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For the petitioners : Mr. R.L. Chaudhary, Advocate.

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For the respondents : Mr. Anup Rattan, Advocate Genera with Ms. Seema Sharma, Deputy Advocate General.

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Jyotsna Rewal Dua, J

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This writ petition has been filed for the grant of following substantive relief:-

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“i. That writ of mandamus may kindly be issued, directing the respondent authorities to extend the benefit of minimum of the revised pay scale i.e. Rs.10300-34800/- w.e.f. 01.04.2007 to 31.03.2010 to the petitioners with all consequential benefits, in light of the ratio laid down by this Hon’ble Court in terms of Annexure P-1 i.e. judgment dated 29.06.2022 passed by this Hon’ble Court in CWPOA No.7661/2019, titled as Pushap Raj Khimta & Others Vs. State of H.P. & others and in terms of Annexure P-2 i.e. judgment dated 21.04.2023 passed by this Hon’ble Court in Execution Petition No. 150/2022.”

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Learned Deputy Advocate General has placed on record a

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copy of instructions memo dated 05.09.2023 issued by the Director of

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1 Whether reporters of the local papers may be allowed to see the judgment? yes

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Higher Education, Himachal Pradesh to the office of learned Advocate General. The instructions state that the cases of the petitioners have been examined in light of the judgment passed in CWPOA No.7661/2019 (Pushap Raj Khimta & Others Vs. State of H.P. Y& others). The Principal of concerned schools have been directed to release the arrears to the petitioners vide order dated 05.09.2023 subject to final outcome of LPA with the condition that in case the outcome of the LPA comes in favour of the Department, the said petitioners shall be bound to refund the amount of arrears so paid to them. Copy of order dated 05.09.2023 has also been appended with the instructions. Learned Deputy Advocate General further submits that the cases of the petitioners shall also be examined in light of the aforesaid judgment (Pushap Raj Khimta) within two weeks, in case, they are found to be similarly situated, then due and admissible arrears shall be released in their favour as well.

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In view of instructions dated 05.09.2023, the order dated 05.09.2023 appended with the instructions and the submissions so made by learned Deputy Advocate General, the present petition is disposed of. Respondents are directed to do the needful in terms of their submissions within the indicated time-line. Pending miscellaneous application(s), if any, also to stand disposed.

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Jyotsna Rewal Dua Judge

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06^th September 2023 (Rohit)

Gulshan Sharma and Others v. the State of Hp and Others

Case brief

What is this about?

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Gulshan Sharma and Others v. the State of Hp and Others

Case brief

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