IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No.172 of 2009. Date of decision:07.4.2010 State of H.P. & Ors. ...Appellants. Versus Geeta Devi & Ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B,Misra, Judge. For the Appellants: Mr.R.K.Sharma, Sr.Addl.AG with Mr.J.K.Verma, Dy.A.G. For the Respondents: Mr.R.S.Gautam, Advocate. Justice Kurian Joseph, C.J.(Oral) CMP(M) No.1102 of 2009: Heard. Delay conconed. LPA No.172 of 2009: State is aggrieved by the judgment dated 16.4.2009 in CWP(T) No.3816 of 2008. The writ petitioners have sought the benefit of higher scales on account of the higher qualification obtained by them during 1958 to September 1979. The learned Single Judge allowed the writ petition with costs. Hence, the appeal. It seems that the learned Single Judge had only followed the earlier decision on the very same issue which had been implemented by the State. True that, decision is one rendered by the State Administrative Tribunal in OA No.76 of 1988 in Smt.Simro Devi & Others versus State & Others, rendered on 6th April, 1995. Learned Senior Additional Advocate General submits that the writ petitioners staked their claim only after the decision in Simro Devi’s case. Since there is no serious dispute with regard to the entitlement of the higher scale on account of the higher qualification, only on account of the delay in seeking the higher scale, the writ petitioners cannot be non-suited. Then the only question is whether the learned Single Judge is justified in awarding the costs. It is apparently clear from the writ petition that the writ petitioners had not approached the authorities for the higher scale on account of acquisition of the higher qualification. In that view of the matter, we do not think that the imposition of the costs is justified. Therefore, the appeal is partly allowed vacating the costs portion alone and as regards the rest, the LPA is dismissed. Copy dasti. . (Justice Kurian Joseph), Chief Justice April 07, 2010(s/sl) ( Justice R.B. Misra ), Judge