IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 5778 of 2008. Decided on: 14.06.2010. Chet Ram and another. …Petitioners. -Versus- State of Himachal Pradesh and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioners. : Mr. Raman Sethi, Advocate. For the respondents : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Vikas Rathore, Deputy Advocate General and Mr. R.P. Singh, Assistant Advocate General, for the respondents. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): The case of the petitioners, in a nut-shell, is that they be treated as Cooks from the date of their appointment on 23.08.1980 and to grant them the pre-revised scale of Rs.400- 600/- and the revised scale of Rs.950-1800/- w.e.f. 01.01.1986. Petitioners have relied upon the judgment rendered by the learned erstwhile Himachal Pradesh Administrative Tribunal in T.A. No. 253 of 1986 on 13.12.1995. It is not disputed that the petitioners are similarly situate vis-à-vis Shri Bhagat Ram. In fact, Shri Bhagat Ram, similar situate person preferred a C.W.P. No. 618 of 1985 before this Court for the redressal of his grievance. The same 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - was transferred to the learned Tribunal and was assigned T.A. No. 253 of 1986. The same was decided on 13.12.1995. The operative portion of the judgment dated 13.12.1995 reads thus: “In view of above narration, the application is allowed. The respondents are directed to grant the applicants pay scale of Rs.400-600/- w.e.f. March 1, 1980 as revised from time to time and also to grant scale of Rs.400-600/- to other cooks similarly situate in the Police Department.” 2. Thereafter, the State of Himachal Pradesh preferred S.L.P. before the Apex Court, which was numbered as S.L.P. No. 15011 of 1996. The same was dismissed on 20.1.1997. The judgment rendered by the learned Tribunal in T.A. No. T.A. No. 253 of 1986 has attained finality. It is also not disputed that on the basis of the judgment rendered by the learned Tribunal in T.A. No. 253 of 1986, Shri Bhagat Ram was granted monetary benefits. Since the petitioners are similarly situate vis-à-vis Shri Bhagat Ram, their case is also required to be considered by the respondents on the basis of the principle laid down by the learned Tribunal in T.A. No. 253 of 1986. Accordingly, the writ petition is allowed. The respondents are directed to consider the case of the petitioners as per judgment of the learned Tribunal rendered in T.A. No. 253 of 1986 on 13.12.1995 within a period of four weeks from today. No costs. (Rajiv Sharma) Judge June 14, 2010. (bhupender) - 3 - - 4 -