Disposed
Bhag Chand Sharma v. State of Hp and Others
Himachal Pradesh HCCWP/8311/2023
Case brief
from the order text
What is this about?
COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.…
What the court decided
AI extract
COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.…
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 8311 of 2023 Decided on: 02.11.2023
Bhag Chand Sharma
……..Petitioner
Versus
State of H.P. & Ors
…….Respondents
Coram
HON'BLE MR. JUSTICE RANJAN SHARMA, JUDGE
WHETHER APPROVED FOR REPORTING?
For the petitioner : Mr. Parav Sharma and Ms. Vishali Lakhanpal, Advocates.
For the respondents : Mr. Rajan Kahol, Additional Advocate General.
Ranjan Sharma, (Oral)
The petitioner, has filed the instant writ
petition, with the following relief:-
i) “That the respondents may very kindly be directed to grant the pay scale of Rs. 5480-8925 as is prescribed to the post of Shastri teacher instead of pay scale of Rs.5000-8100 as was granted to him on his initial appointment on 07.07.2001, with all consequential benefits and the arrears
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accured thereunder may very kindly be ordered to be released with interest @ 9% per annum, in the interest of justice.”
the learned counsel for the petitioner in brief is,
that he was appointed as Shastri Teacher, as per Office Order dated 07.07.2001, Annexure P-1, in the pay scale of Rs.5000-8100+ allowances. He further submits that though the State Government has issued the Himachal Pradesh Civil Services (Revised Pay) Rules on 23.11.1988, revising the pay scale of the Shastri Teachers to Rs.1640-2925 and then to Rs. 5480-8925; with additional benefit of time scales/higher scale thereon; on completion of 8 years and 18 years of service yet the State Government had issued the clarificatory orders on 23.03.1989 and on 17.12.1991; that the pay scale of Rs.1640-2925/ Rs.5480-8925 was admissible only to those Shastri teachers, who were working on regular basis as a personal measure and to
had
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those who were TGT’s i.e. who possessed the qualification of B.Ed.
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violative of Articles 14, 16 and 21 of the Constitution of
India
within three weeks from today; with further directions to the aforesaid respondent-authority,
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that in case, any such representation is made,
the same shall be decided within four weeks thereafter.
all Questions of facts and law, are left open.
The instant writ petition as well as the pending miscellaneous application(s), if any,
shall also, disposed of.
(Ranjan Sharma) Judge
November 2, 2023 (himani)
Bhag Chand Sharma
State of H.P.
Ranjan Sharma
As recorded by the court registry
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