IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 11048 of 2011-E Date of Decision 20th December, 2011 ________________________________________________________ 1. Ajay Kumar, son of Shri Raj Mal, r/o village Malara, P.O. & Sub-Tehsil Sihunta, Distt. Chamba H.P. presently working as JBT at G.P.S. dugh, Education Block Sihunta, Distt. Chamba HP 2. Sanjay Kumar, son of Shri Mehar Chand, r/o village Malara, P.o. Sihunta, Tehsil Bhattiyat, Distt. Chamba H.P. presently working as JBT at G.P.S. Tundi Education Block Sihunta, Distt. Chamba H.P. 3. Vikas Gupta, son of Sh. Subhash Gupta, r/o village and P.O. Tundi, Teh. Bhattiyat, Distt. Chamba H.P. presently working as JBT at G.P.S. Khanura, Education Block, Sihunta Distt. Chamba H.P. 4. Sarop Lal, son of Sh. Bidhi Chand, r/o village and P.O. Paroul via Rehan, Distt. Kangra, H.P. presently working as JBT at G.P.S. Jharoli, Education Block Fatehpur, Distt. Kangra HP 5. Sanjay Sharma, son of late Sh. Purushotam Dass, r/o VPO Garhjamula, Teh. Palampur, Distt. Kangra H.P. presently working as JBT at GPS Ghatta, Education Block Sihunta, Distt. Chamba HP 6. Sandeep Kumar, son of Sh. Raj Kumar Kaistha, r/o village Kaisthwari, P.O. Nagrota Bagwan, Teh. and Distt. Kangra H.P. presently working as JBT at G.P.S. Basolda, Education Block Sihunta, Distt. Chamba HP 7. Usha Chaudhary, D/o Sh. Ashok Kumar Chaudhary, r/o village and P.O. Sunhi (Band), Teh. Baroh, Distt. Kangra HP presently working as JBT at G.P.S. Sarotri, Education Block Nagrota Bagwan, Distt. Kangra HP 8. Ranjeet Singh, son of Sh. Lekh Chand, r/o village Kuthara, P.O. Dhulara, Teh. Bhattiyat, Distt. Chamba H.P. presently working as TGT (Non-Medical) at G.S.S.S. Dhulara, Distt. Chamba HP 2 9. Anita Devi d/o Sh. Som Dutt, r/o VPO Shahpur, Sub-Teh. Shahpur, Distt. Kangra H.P. presently working as JBT at Govt. Primary Centre School, Thulel, Education Block Sihunta, Distt. Chamba HP 10. Om Piari Sharma, d/o Shri Som Dutt Sharma, r/o village Kuthar, P.O. Bajrehar via Rait, Teh. Shahpur, Distt. Kangra H.P. presently working as JBT at G.P.S. Proll, Education Block Sihunta, Distt. Chamba H.P. 11. Sushma Rani, d/o Sh. Rajeshwar Singh, R/o village and P.O. Rait, Teh. Shahpur, Distt. Kangra H.P. presently working as JBT at G.P.S. Gola, Education Block Sihunta, Distt. Chamba HP 12. Samriti Sharma, d/o late Sh. Mitter Sain Sharma, r/o village and P.O. Bagli, Teh. Dharamshala, Distt. Kangra H.P. presently working as JBT at G.P.S. Lodhargarh, Education Block Sihunta, Distt. Chamba H.P. 13. Anita Devi, d/o Sh. Partap Chand, R/o V.P.O. nagrota Bagwan, Teh. and Distt. Kangra H.P. presently working as JBT at G.P.S. Banoli-II, Education Block Sihunta, Distt. Chamba HP 14. Kamal Kumar, son of Sh. Krishan Chand, R/o village Khukhrad, P.O. Dhulara, Tehsil Bhattiyat, Distt. Chamba HP presently working as JBT at G.P.S. Naloh, Education Block Sihunta, Distt. Chamba HP 15. Maya Devi, d/o Sh. Bhagat Ram, presently working as JBT at G.P.S. Mathiyari, Education Block Sihunta, Distt. Chamba HP 16. Meena Kumari, D/o Sh. Anil Kumar, r/o village Mahalara, Sub Tehsil Sihunta, Distt. Chamba H.P. presently working at JBT at G.P.S. (Girls) Sihunta Education Block Sihunta, Distt. Chamba HP 17. Suneeta Rani, d/o Sh. Udham Singh Rehalia, r/o VPO Takoligirthan, Tehsil Fatehpur, Distt. Kangra H.P. presently working as JBT at G.P.S. Kandor, Education Block Fatehpur, Distt. Kangra H.P. 18. Sudershna Devi, d/o late Sh. Moti Ram, R/o VPO Rehan, Tehsil Nurpur, Distt. Kangra H.P. presently working as JBT at G.P.S. Kandor, Education Block Fatehpur, Distt. Kangra HP 3 19. Rama Devi d/o late Shri Nanak Chand, r/o VPO Kandor (Rehan), Tehsil Nurpur, Distt. Kangra H.P. presently working as JBT at G.P.S. Kandor, Education Block Fatehpur, Distt. Kangra H.P. 20. Meeran Bai, d/o Sh. Bidhi Chand, r/o village and P.O. Rehan, Tehsil Nurpur, Distt. Kangra HP presently working as JBT at G.P.S. Larhoon, Education Block Fatehpur, Distt. Kangra HP 21. Jeewna Sharma, d/o Sh. Rattan Chand r/o village Sihalpuri, P.O. & Tehsil Shahpur, Distt. Kangra HP presently working as JBT at G.P.S. Kakroti, Education Block Sihunta, Distt. Chamba HP 22. Shiwala Sood, d/o late Sh. Subhash Chand, r/o village and P.O. Sihunta, Distt. Chamba HP presently working as JBT at G.P.S. Kamla, Education Block Sihunta, Distt. Chamba HP 23. Smt. Aruna d/o late sh. Chandu Ram, r/o village and P.O. Sihunta, Distt. Chamba HP presently working as JBT at G.P.S. Jhakali, Education Block Sihunta, Distt. Chamba HP 24. Suresh Kumar, son of Sh. Shiv Ram, R/o village Roso, P.O. Sadhot, Tehsil Sarkaghat, Distt. Mandi H.P. presently working as JBT at G.P.S. Chhalana Education Block Sihunta, Distt. Chamba HP 25. Ashok Kumar Sharma, son of Sh. Lohka Ram, resident of village Domehra, P.O. Lehri Sarail, Tehsil Ghumarwin, Distt. Bilaspur HP presently working as JBT at G.P.S. Dadriara, Education Block Sihunta, Distt. Chamba HP 26. Sudershan Singh, son of Sh. Hari Singh Rana, r/o village Mandrala, P.O. & Sub-Teh. Sihunta, Distt. Chamba HP presently working as JBT at G.P.S. Motla, Education Block Sihunta, Distt. Chamba HP 27. Sunil Kumar, son of Sh. Chhunku Ram, R/o VPO Balana, Tehsil Bhattiyat, Distt. Chamba HP presently working as TGT (Non-medical) at G.S.S.S. (Girls) Sihunta Distt. Chamba HP 28. Rakesh Kumar, son of Sh. Sarb Singh R/o VPO Massour Tehsil Ghumarwin, Distt. Bilaspur HP presently working as JBT at G.P.S. Majhewali, Education Block Rampur Bussshehar, Distt. Shimla HP 29. Susheel Kumar, son of Sh. Prem Lal, r/o village Chalag, P.O. Bhulswai, Tehsil Ghumarwin, Distt. Bilaspur HP presently 4 working as JBT at G.P.S. Khara Pather, Education Block, Jubbal, Distt. Shimla HP 30. Prem Lal son of Sh. Om Parkash, r/o village Ghugvi, PO Kangal, Tehsil Kumarsain, Distt. Shimla HP presently working as JBT at G.P.S. Funja, Education Block Sarahan, Distt. Shimla HP 31. Pamila Malhotra, d/o Sh. Shakti Prashad, R/o House No. 115/6, near Old Beas Bridge, Lower Shamkhates, Distt. Mandi HP, presently working as JBT at G.P.S. Jhakri, Education Block Sarahan, Distt. Shimla HP 32. Poonam Sharma, d/o Sh. Joginder Mahant, R/o Block No.-1, Quarter No. 3, Type-B, SJVN colony, Jhakri, Distt. Shimla HP presently working as JBT at G.P.S. Jhakri Education Block Sarahan, Distt. Shimla HP. 33. Renu Sood, d/o Sh. Sumer Chand Sood, r/o Sheesh Mahal, Rampur Busshehar, Distt. Shimla HP presently working as JBT at G.P.S. Jhakri, Education Block Sarahan, Distt. Shimla HP 34. Bimla Devi, wife of Sh. Pradeep Kumar, r/o Saraswati Electric Power House, SJVN Ltd., Jhakri Distt. Shimla HP presently working as JBT at G.P.S. Sanarsa, Education Block Sarahan, Distt. Shimla HP 35. Sada Nand Bhagta, son of sh. Kewal Ram Bhagta, r/o VPO Jhagtan, Tehsil Jubbal Distt. Shimla HP presently working as JBT at G.P.S. Garh, Education Block Chhohara HP 36. Pappu Ram Sharma, son of Sh. Kalagi Ram Sharma, r/o village Bhamnoli, P.O. Summerkot, Tehsil Rohru, Distt. Shimla HP presently working as JBT at G.P.S. Pujarli, Education Block Chhohara HP 37. Suresh Chand Katoch, son of Sh. Dila Ram, r/o village Bhagot, P.O. Kuther, Tehsil Ghumarwin, Distt. Bilaspur HP presently working as JBT at G.P.S. Baikiar Education Block Kasumpti-I, Distt. Shimla HP 5 38. Ramesh Kumar Thakur, son of Sh. Paras Ram, r/o village Kurulawana, P.O. Deohi Majhagaon, Tehsil Rajgarh, Distt. Sirmour HP presently working as JBT at G.P.S. Shrewat, Tehsil Rajgarh, Distt. Sirmour HP ….Petitioners. Versus. 1. State of H.P., through Secretary (Education), to the Govt. of H.P. Shimla 2. State of H.P., through Secretary (Finance) to the Govt. of H.P. Shimla. 3. Director, Elementary Education H.P. Shimla 4. Dy. Director, Elementary Education Chamba, Distt. Chamba HP 5. Dy. Director, Elementary Education Shimla, Distt. Shimla HP 6. Dy. Director, Elementary Education, Sirmaur, Distt. Sirmaur HP ….Respondents. Civil Writ Petition under Article 226 of the Constitution of India. _______________________________________________________________ Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, J. ________________________________________________________________ For the Petitioners: Mr. Ramakant Sharma, Advocate. For the Respondents: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass, Sood, Addl. Advocate General. __________________________________________________________________ Justice Kurian Joseph, C.J. (oral) The writ petition is filed mainly with the following prayers:- “(i) That the Respondents may very kindly be directed to grant revised pay scale of Rs. 4550- 7220/- to the petitioners w.e.f. their appointment till their regularization and arrears accrued there under 6 be paid with interest @ 9% p.a. in the interest of justice. (ii) That the petitioners may also be kindly held entitled for the benefit of merger of 50% D.A. to basic pay + 11% D.A. w.e.f. 30.04.2004 and further revision there of from time to time till the regularization of their services, with all consequential benefits and arrears accrued on this count be paid with interest.” 2. Mr. Ramakant Sharma submits that the present lis is covered by the judgment rendered in CWP(T) No. 14232 of 2008, titled as Nek Ram and others vs. State of Himachal Pradesh and others , decided on 17.11.2009. 3. Accordingly, the present petition is disposed of with a direction to the respondents to consider the case of the petitioners in the light of the principles laid down by this Court in the judgment dated 17.11.2009 as noticed above, within a period of three months from the date of production of certified copy of this judgment by the petitioners and copy of the judgment referred to above. So far as the case of the petitioners for the grant of regular/revised pay scale is concerned, the same be considered after the decision rendered by this Court in LPA No. 105 of 2010. 4. Pending application(s), if any, also stands disposed of. No costs. (Justice Kurian Joseph) Chief Justice. December 20, 2011 (Dev Darshan Sud), ms Judge