IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 11299 of 2011-J Date of Decision 20th December, 2011 ________________________________________________________ 1. Dev Dutt Sharma son of Shri Ram Sawroop, resident of village Rajalag, P.O. Thakur Dawara, Tehsil Pachhad, District Sirmaur, H.P. presently working in Government Primary School, Mindo Ke Ser, Tehsil Pachhad, District Sirmaur, H.P. 2. Kamlesh Kumar son of Shri Hari Chand, r/o village Lathara, P.O. Cholthara, Tehsil Sarkaghat, District Mandi H.P. presently working in Government Primary School, Thakur Dawara, Tehsil Pachhad, District Sirmaur, H.P. 3. Ved Mitter Sharma, son of Shri Dev Sawroop Sharma, resident of village Pajeli, P.O. Bag Pashog, Tehsil Pachhad, District Sirmaur, H.P. presently working in Government Primary School, Tikkeri Pajeli, Tehsil Pachhad, District Sirmaur, H.P. 4. Naresh Dutt, son of Shri Vidya Dutt, resident of village Tikkeri Pajeli, P.O. Bag Pashog, Tehsil Pachhad, District Sirmaur H.P. presently working in Government Primary School, Shoghi Chakrawog, Tehsil Pachhad, District Sirmaur, H.P. 5. Smt. Aradhna wife of Shri Bhim Dutt, resident of village and PO Sarahan, Tehsil Pachhad, District Sirmaur HP presently working in Government Primary School, Sarahan, Tehsil Pachhad, District Sirmaur, H.P. ….Petitioners. Versus. 1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla-2 2. Director Elementary Education, Himachal Pradesh, Shimla-1 3. Deputy Director Elementary Education, Sirmaur at Nahan, District Sirmaur, HP ….Respondents 2 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. Rupinder Singh, 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 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 thereof 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. Learned counsel for the petitioner 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 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