IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 10945 of 2011-E Decided on: December 14, 2011. 1. Subash Chand S/o Sh. Late Badri Ram R/O Village and Post office Baldwara Tehsil Sarkaghat District Mandi, H.P. and presently working as T.G.T. (Non- medical) at Government Middle School Bhater under complex Government Senior secondary School Trifalghat Tehsil Sarkaghat District Mandi H.P. 2. Kamlesh Kumar Chandel S/O Sh. Rikhi Ram Resident of Village Dabrog and Post Office Sarkaghat Tehsil Sarkaghat District Mandi H.P. and presently working as TGT (non-medical) at Government girls Senior secondary School Portmore Tehsil Shimla District Shimla H.P. 3. Daleep Singh S/O Late Sh. Sant Ram Resident of Village Kandrour and Post Office Kandrour Tehsil Sadar District Bilaspur H.P. and presently working as TGT (non-medical) Government Middle School Jablyana under complex Government Senior secondary School Gwal-Muthani Tehsil Ghumarwin District Bilaspur H.P. 4. Birbal Singh S/O Sh. Durga Singh Resident of Village Jolpalkhi and Post Office Kuthera Tehsil Ghumarwin District Bilaspur H.P. and presently working as TGT (Non-medical) at Government High School Talwara Tehsil Ghumarwin District Bilaspur h.P. 5. Pritam Singh S/O Sh. Lobhi Ram Resident of Village Chowki and Post Office Bhatera Tehsil Sarkaghat District Mandi H.P. and presently working as TGT at Government Middle Scholl Bhater Chowki Under Complex government Senior Secondary School Trifalghat Tehsil Sarkaghat District Mandi H.P. 6. Sh. Milap Chand Prasher S/O late Sh Sunder Ram Resident of Village and Post Office Sunehar Bari Tehsil and District Kangra H.O. presently working as TGT (Arts) at Government Senior Secondary Scholl Kanol Tehsil Shahpur District Kangra H.P. 7. Sh.Rajender Kumar Sharma S/O Sh. Runku Ram Resident of Village Samhoom Post Office Dhangri Tehsil Naudan District Hamirpur H.P. presently working as TGT (Non-medical) at Government Middle School Jalari Tehsil Nadaun District Hamirpur H.P. 8. Sh. Manohar Lal S/O Sh. Mathra Dass Resident of Village Dhawan Post Office Kara Tehsil Naudan District Hamirpur H.P. presently working as TGT (Non-medical) at Government Senior Secondary School Utpur Tehsil and District Hamirpur H.P. 2 9. Sh. Bamdev S/O Sh. Pritam Chand Resident of Village Kargoo Post Office Bathera Tehsil Naudan District Hamirpur H.P. present working as TGT (Arts) at Government High School Palah Brahmna Tehsil and District Hamirpur H.P. 10. Sh. Subash Chand S/O Sh. Narpat Ram Resident of Village Larha Post Office Galore Tehsil Naudan District Hamirpur H.P. presently working as TGT (Arts) at Government Senior Secondary School Galore Brahmna Tehsil Naudan and District Hamirpur H.P. 11. Sh. Karam Chand Sharma S/O jSh. Tulsi Ram Sharma Resident of Village Bhagrwan Post Office Dhadol District Bilaspur H.P. presently working as TGT (Arts) at Government Senior Secondary School Dabbot Shri Naina devi Post Office Mangri District Hamirpur H.P. 12. Sh. Daljeet Singh S/O Sh. Roop Lal Resident of Village and Post Office Ghandwin Tehsil Ghumarwin District Bilaspur H.P. presently working as TGT (Arts) at Government Middle Scholl Kallar Tehsil Ghumarwin District Bilaspur H.P. ……….Petitioners. Versus 1. State of H.P. through Principal Secretary Education, Himachal Pradesh Shimla. 2. Director of Higher Education, Himachal Pradesh, Shimla-171001. ……….Respondents. ------------------------------------------------------------------------------------------------- Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioners: Mr. Devender K. Sharma, Advocate, For the respondents: Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition has been filed mainly with the following prayers: “i) That the writ in the nature of the mandamus may kindly be issued, directing the respondents to extend the benefit of due and admissible merger of 50% Dearness Allowance to the basic pay + 115 D.A. w.e.f. 30.4.2004 and further revision thereof from tiem to time till the date of regularization of their service with all 3 consequential benefits and arrears accrued on this account to the petitioners with interest. ii. That the respondents may very kindly be directed to grant revised pay scale of Rs. 5480-8925/- to the petitioners from the date of their initial appointment on contract basis till the date of regularization and arrears accrued there under be paid with interest @ 9% per annum, in the interest of justice.” 2. According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP (T) No. 14232 of 2008, titled as Nek Ram & others Versus State of H.P. & others, decided on 17.11.2009. If that be so, similar treatment shall also be extended to the petitioners herein also, as extended to the petitioners in the above referred decision, in case the petitioners are also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner concerned before the second respondent/competent authority. 3. The writ petition is disposed of, so also the pending application (s), if any. (Justice Kurian Joseph), Chief Justice. December 14, 2011, ( Justice Rajiv Sharma), (karan/vs) Judge.