IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No.609 of 2003. Reserved on: 23.6.2009. Decided on:31.7.2009 ________________________________________________ The State of Himachal Pradesh and others. … Petitioners. Versus Shri Brij Behari Lal and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Jagdish Bhalla, Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. Ankush Dass Sood, Addl.Advocate Gen. with Mr. Anil Jaswal, Dy.A.G.. For the Respondents : Mr. Yash Chauhan, Advocate. ___________________________________________________________ The present petition is directed against the judgment of the learned H.P. Administrative Tribunal dated 8.10.2002 passed in O.A. (M) 238/96. Brief facts necessary for the adjudication of this petition are that the respondents joined the Department of Education in Mandi District as untrained Teachers in different years. The Government of Himachal Pradesh vide letter dated 12.5.1987 conveyed its decision to grant higher pay scale to the Junior Teachers who had improved their qualifications. The similarly situated Teachers were granted selection grade by the District Primary Education Officer, Mandi vide letter dated 30.12.1989. The respondents were not granted the selection grade. They approached the learned H.P. Administrative Tribunal by way of O.A. (M) 238/96. The State Government did not file any 1 Whether reporters of the local papers may be allowed to see the judgment?No. 2 reply. The learned counsel appearing on behalf of the respondents had argued that the case was covered by the judgment rendered by the Division Bench of the learned Tribunal in O.A. No. 155/90 dated 5.5.2000. This proposition was not opposed by the learned counsel appearing on behalf of the State. The learned Tribunal after discussing the judgment of the Division Bench rendered in O.A. No. 155/90 allowed the O.A. preferred by the respondents on 8.10.2002. It was not contested by the State Government that the respondents did not deserve the benefits in terms of letter dated 12.5.1987 even before the learned Himachal Pradesh Administrative Tribunal. In view of this position, the learned Tribunal came to the just conclusion that the respondents were eligible to be extended the same benefits which have been extended to similarly situated Teachers according to letter dated 12.5.1987. The Division Bench while deciding the O.A. No. 155/90 has placed reliance on letter dated 12.5.1987 read in conjunction with letter dated 8.3.1989. We do not see any infirmity or jurisdictional error in the judgment of the learned Tribunal. Accordingly, in view of the observations made hereinabove, there is no merit in this petition and the same is dismissed. No costs. (Jagdish Bhalla), C.J. (Rajiv Sharma), J. July 31, 2009. (cr)