1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11311 of 2011-B with CWP Nos. 11386 of 2011-I, 11387 of 2011-I, 11388 of 2011-I and 11389 of 2011-I. Decided on: December 27, 2011. ----------------------------------------------- 1. CWP No. 11311 of 2011 Tota Ram, s/o Sh. Dhani Ram, r/o Village Maharar, P.O. Bali Koti, Tehsil Shillai, Distt. Sirmour, H.P. Petitioner Versus 1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla. 2. Director Higher Education, H.P. Shimla. 3. The Principal, Govt. Senior Secondary School, Shillai, Distt. Sirmour, H.P. Respondents 2. CWP No. 11386 of 2011 Ramesh Chand, s/o Sh. Kanshi Ram, r/o Negi Niwas Hospital Road Shillai Tehsil & P.O., Shillai Distt. Sirmour, H.P. Petitioner Versus 1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla. 2 2. Director Higher Education, H.P. Shimla. 3. The Principal, Govt. Senior Secondary School, Bandli Dhadas, P.O. Shillai,Distt. Sirmour, H.P. Respondents. 3. CWP No. 11387 of 2011 Sanjay Kumar, s/o Sh. Telu Ram, r/o Village & P.O. Sataun Tehsil Paonta Sahib, Distt. Sirmour, H.P. Petitioner. Versus 1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla. 2. Director Higher Education, H.P. Shimla. 3. The Principal, Govt. Senior Secondary School, Jamni Wala, P.O. Paonta Sahib, Distt. Sirmour, H.P. Respondents 4. CWP No. 11388 of 2011 Sandhya Devi, w/o sh. Mata Ram, r/o Village Danal, P.O. Panwan Tehsil Pachhad, Distt. Sirmour, H.P. Petitioner Versus 1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla. 2. Director Higher Education, H.P. Shimla. 3. The Principal, Govt. Senior Secondary School, Narag, P.O. Narag,Distt. Sirmour, H.P. Respondents 3 5. CWP No. 11389 of 2011 Hema, w/o Sh. Vijay Dhiman, r/o Village Bherewala, P.O. Paonta Sahib Tehsil Paonta Sahib, Distt. Sirmour, H.P. Petitioner Versus 1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla. 2. Director Higher Education, H.P. Shimla. 3. The Principal, Govt. Senior Secondary School & P.O. Bhangani, Tehsil Paonta Sahib, Distt Sirmour, H.P. Respondent Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dev Darshan Sud,Judge. For petitioners: Mr. Ajay Kumar Dhiman, Advocate. For Respondents: Mr. Ankush Dass Sood, Addl. A.G. Justice Kurian Joseph, C.J. (Oral) The writ petitions are filed with the identical prayers, one set of such prayers is as follows:- (A) Issue a writ of mandamus or any other writ, order, direction 4 directing the respondents to 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, title as Nek Ram & others V/s State of H.P. and others, dated 17-11-2009.” 2. According to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP (T) No. 14232 of 2008, titled as Nek Ram & others vs. State of H.P. & others, decided on 17.11.2009. If that be so, similar treatment shall also be extended to the petitioners herein also, as extended to the petitioner in the above referred decision, in case the petitioners are also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner concerned before the second respondent. 5 2. The writ petitions are disposed of, so also the pending application (s), if any. (Justice Kurian Joseph), Chief Justice. (Justice Dev Darshan Sud), Judge 27th December, 2011 (pankaj)