IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 6199 of 2008 Date of Decision : August 02, 2010 Sh. V. C. Aggarwal Petitioner Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. D. C. Sharma, Advocate, vice Mr. B. N. Sharma, Advocate, for the petitioner. For the respondents : Mr. R. K. Sharma, Senior Add. Advocate General with Mr. Vivek Thakur, Addl. A.G. for the respondents/State. Sanjay Karol, J. (Oral) Notice in the petition was issued on 1.12.1999 and the petition was admitted on 27.4.2007. No reply has been filed by the State. Hence it is taken that there is no opposition to the petition. In any event petitioner’s case is being considered on its own merits. 2. Vide office order dated 10.11.1983 (Annexure P-I) petitioner was held entitled to revised pay scale of Rs. 825 – 1580 with effect from 1.1.1978. Petitioner’s name figures in the said list. Petitioner sought voluntary retirement w.e.f. 14.6.1982. He requested the Whether reports of Local Papers may be allowed to see the judgment? 2 authorities to release the arrears of the amount due and admissible to him. This is evident from letters (Annexures P-II and P-III). 3. Vide letter dated 11.5.1999 (Annexure P-IV) the District Education Officer wrote to the Principal, Government Senior Secondary School, Deha requesting that:- “Sub:- Regarding balance amount of Sh. V. C. Agarwal (Retired) Head master: Memo: On the subject cited above, you are, hereby requested that Shri V. C. Agarwal (Retired Headmaster) who has been retired from your School on 15.6.1982. His awarded pay scale be sent to this office after calculation and consequent pay scale on the basis of revised pay scale since, 1.1.1978 be also sent to this office after due calculation, so that the anomly in the awarded pay scale of Retired Head master can be solved.” 4. Regretfully same was not done and petitioner was forced to knock the doors of the Court. It has been more than two decades that the authorities have not implemented the orders dated 10.11.1983 issued by the State. There has been absolute inaction, laxity and lethargy, in fact dereliction of duty on the part of the officials concerned. They have dealt with the matter in an extremely insensitive, casual and callous manner. 3 5. In the present circumstances the petition needs to be allowed. A direction is issued to the Principal Secretary (Education) to the Government of H.P. to ensure that office order dated 10.11.1983 is enforced and implemented qua the petitioner in letter and spirit. The needful be done within a period of three months from today. Direction is also issued to the respondents to take all other consequential actions, including refixation of pension on the basis of office order dated 10.11.1983. Necessary action shall also be taken within the aforesaid period. The office of the learned Advocate General is requested to communicate the order to the Principal Secretary (Education) today itself. On the delayed payments petitioner shall also be entitled to interest @ 6% from the date of filing of the petition. 6. Direction is also issued to the Principal Secretary (Education) to institute a proper inquiry and take disciplinary action against the erring officials. Needful be positively done within a period of six months. Affidavit of compliance be filed. 7. Petition is allowed with payment of cost of Rs. 11,000/- (Rupees eleven thousand only). 8. With the aforesaid observations the present petition stands disposed of. (Sanjay Karol), Judge. August 2, 2010 (PK)