IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 10975 of 2011-H. Decided on: 15.12.2011. 1. Vipin Kumar son of Shri Rattan Lal, resident of village and Post Office Dhurkhari, Tehsil Sarkaghat, District Mandi, H.P. and presently working as T.G.T. (Arts) at Government Middle School, Nagrota under complex Government Senior Secondary School, Baldwara, Tehsil Sarkaghat, District Mandi, H.P. 2. Chaman Lal son of Shri Khazana Ram, resident of village and Post Office Bachhwan, Tehsil Sarkaghat, District Mandi, H.P. and presently working as T.G.T. at Government Middle School, Thana Chowki under complex Government Senior Secondary School, Trifalghat, Tehsil Sarkaghat, District Mandi, H.P. 3. Arun Kumar son of late Shri Inder Dev, resident of village Trandol, Post Office Baldwara, Tehsil Sarkaghat, District Mandi, H.P. and presently working as T.G.T. (non-medical), Government Middle School, Nagrota under complex Government Senior Secondary School, Baldwara, Tehsil Sarkaghat, District Mandi, H.P. 4. Dalip Kumar son of Shri Manshi Ram, resident of village Chanyani, Post Office baldwara, Tehsil Sarkaghat, District Mandi, H.P. and presently working as T.G.T. (Arts), Government Senior Secondary School, Chowk, Tehsil Sarkaghat, District Mandi, H.P. 5. Dinesh Kumar son of Shri Dharm Prakash, resident of village Tikker, Post Office Budhana, Tehsil and District Hamirpur, H.P. and presently working as TGT (Non-Medical) at Government Middle School, Khungaon, Phahal, under Complex Government Senior Secondary School, Tipper, Tehsil and District Hamirpur, H.P. 6. Ashok Kumar son of Shri Sukh Ram Banyal, resident of village Barchhwar, Post Office Sujanpur Bari, Tehsil Sarkaghat, District Mandi, H.P. presently working as T.G.T. (non-medical) at Government Senior Secondary School, Gopalpur, Tehsil Sarkaghat, District Mandi, H.P. …. Petitioners. - 2 - Versus 1. State of H.P. through Principal Secretary Education, Himachal Pradesh, Shimla. 2. Director of Elementary Education, Himachal Pradesh, Shimla – 171 001. …. Respondents. Civil Writ Petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or directions to the respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, C. J. The Hon’ble Mr. Justice Rajiv Sharma, J. For the petitioners : Mr. Devender K. Sharma, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate Genera. Justice Kurian Joseph, C.J. (Oral): The writ petition is filed with the following prayer:- “ i) That the writ in the nature of the mandamus may kindly be issued, directing the respondents to extend the benefit of due and admissible merger of 50% Dearness Allowance with basic pay as per memorandum dated 10-06-2005 to the petitioners by further directing the respondents to pay the arrears with all consequential benefits to the petitioners with interest in view of the judgment titled as “Nek Ram Vs State of H.P., i.e. C.W.P. (T) No.14228/2008.” 2. The petitioners have submitted that they are similarly situated as the petitioners in the decision rendered by this Court in - 3 - CWP (T) No. 14232 of 2008, titled Nek Ram and others versus State of Himachal Pradesh and others, decided on 17.11.2009. It is further submitted that the decision has also been implemented. In case the petitioners are similarly situated persons as the petitioners in the judgment referred to above, similar treatment shall be given to the petitioners herein also, after verifying the facts, within a period of three months from the date of production of copy of this judgment alongwith a copy of the writ petition by the petitioners concerned before the first respondent. 3. With the above observations, the writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. December 15, 2011. (sck/hl).