IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 11271 of 2011-H Date of Decision 20th December, 2011 ________________________________________________________ Kesar Singh, son of Shri Mansa Ram resident of village Rampur Bharapur, P.O. Dhaula Kuan, Distt. Sirmour HP. ….Petitioner. Versus. 1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla-2 2. Director Higher Education, Himachal Pradesh, Shimla-1 3. The Principal Govt. Senior Secondary School, Bharog Baneri, P.O. Bharog Baneri, Distt. Sirmour 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 Petitioner: Mr. Ajay Kumar Dhiman, 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 prayer:- (a) Issue a writ of mandamus or any other writ, order, direction directing the respondents to 2 pay to the petitioner the benefit of merger of 50% of D.A. into basic pay + 11% D.A. w.e.f. 01.04.2004 in the revised pay scale and further revision thereof from time to time till the regularization of their services on their respective dates, with all consequential benefits and arrears accrued on this count with interest as per the judgment of this Hon’ble Court in CWP (T) No. 14232/2008 titled as Nek Ram & others V/s State of H.P. and others, dated 17.11.2009.” 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. Accordingly, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner 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 petitioner and copy of the judgment referred to above. So far as the case of the petitioner 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