CWP No. 957 of 2011 4.03.2011 Present: Mr.Ranjan Sharma, Advocate, for the petitioner. Mr.R.K. Sharma, Senior Additional Advocate General, with Mr.Rajinder Dogra, Additional Advocate General, for respondents No. 1 and 2. CMP No.1239 of 2011 Allowed. CWP No. 957 of 2011 The present writ petition has been filed with the following prayers:- (1) That the respondents may be directed to restore / release the pay scale of `1640-2925 to the petitioner, which stood revised w.e.f. 1.1.1996 and then w.e.f. 1.1.2006 as OT / Shastri teacher when, this scale has been restored and released to similarly situated OT/Shastri teacher namely Sh.Mohinder Singh onio the basis of the judgments passed by this Court in CWP (T) 2903 / 2008 vide Annexure P-3, LPA No.107/2009 dated 30.3.2010 vide Annexure P-4 which also stands implemented on 6.9.2010 vide Annexure P-5 forthwith. (2) That the action of the respondents in reducing the pay scale of the petitioner from `1640-2925 to `1500-2700 may kindly be quashed and set aside and the respondents may be directed to restore the pay scale of `1640-2925 as revised from time to time, to the petitioner with all consequential benefits forthwith. (3) That the action of the respondents in not acting upon the legal notice dated 18.2.2011 vide Annexure P-6 in terms of the judgments vide Annexurer P-3 and Annexure P-4 may kindly be held to be discriminatory, malafide and illegal. (4) That the recovery affected due to reduction in pay scale may kindly be set aside forthwith. According to Mr.Ranjan Sharma, learned counsel for the petitioner, petitioner was appointed as Shastri/ Oriented Teacher, on tenure basis, on 3.12.1986 in the pay scale of `570-1080 and as per notification dated 23.3.1989, scale of such post was revised from `570-1080 to `1640-2925. It has further been submitted that the respondents have revised the scale of similarly situated teachers including Sh.Mohinder Singh and others. However, petitioner was regularized as OT / Shastri on 26.12.1994. The scale of pay was reduced from `1640-2925 to `1500-2700 and such reduction was also made in case of Mohinder Singh. Being aggrieved by the reduction of pay scale, Sh.Mohinder Singh, filed an OA, which was transferred to this Court as CWP(T) No.2903/2008 which was adjudicated and reduction of scale was set aside by order of this Court dated 23.3.2009. In that reference LPA No.107/2009 was preferred by the State, which was dismissed on 30.3.2010. In that reference, State Government has restored the pay scale of Sh.Mohinder Singh. It has further been submitted that the petitioner is similarly situated and as such, he is also entitled to be benefited of order dated 28.12.2010 passed in CWP No.8188/ 2010 (Mukand Lal Versus State of H.P & others). In absence of any instruction at this stage, learned Senior Additional Advocate General, is not in a position to concede the prayer of the petitioner. However, such submissions shall be looked into while deciding the representation of the petitioner by Principal Secretary (Education), to the Government of H.P., as such, if representation alongwith certified copy of this writ petition is filed to the Principal Secretary (Education) to the Government of H.P., within a period of two weeks from today, it shall be considered by the Principal Secretary (Education) to the Government of H.P., if necessary by hearing the petitioner or his legal representatives and shall dispose of the same within four weeks thereafter in accordance with the law. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti. (R.B. Misra), J. (Surinder Singh), J. 4th March, 2011 (Purohit)