IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 11233 of 2011-D Date of Decision 20th December, 2011 ________________________________________________________ 1. Shiv Kumar son of Shri Puran Chand, presently working as Lecturer in English, Government Senior Secondary School Jhagriani, Tehsil and Distt. Hamirpur. 2. Raj Kumar, son of Sh. Mathra Dass, presently working as Lecturer in Political Science, Government Senior Secondary School, Upper Hareta, Tehsil Barsar, Distt. Hamirpur. 3. Rattan Chand, son of Sh. Nika Ram presently working as Lecturer in Economics, Government Senior Secondary School Upper Hareta, Tehsil Barsar, Distt. Hamirpur 4. Pradeep Kumar, son of Sh. Chiranji Lal presently working as Lecturer in Public Administration, Government Senior Secondary School Nagrota Surian, Tehsil Jawali, Distt. Kangra. 5. Ashok Kumar, son of Sh. Roshan Lal, presently working as Lecturer in Mathematics, Government Senior Secondary School, Kulhera, Tehsil Barsar, District Hamirpur. 6. Balbir Singh, son of Sh. Sher Singh presently working as Lecturer in Sanskrit, Government Senior Secondary School, Balduhak, Tehsil Nadaun, District Hamirpur. 7. Sachin Chander Kaisth, son of Sh. Atma Ram Kaisth presently working as Lecturer in Hindi, Government Senior Secondary School, Damsa, Tehsil Rampur Distt. Shimla. 8. Rajmeer Khan, son of Sh. Babu Khan presently working as Lecturer in Hindi, Government Senior Secondary School Ganvi,Tehsil Rampur District Shimla. 9. Balbir Singh, son of Sh. Mehar Singh presently working as Lecturer in Economics, Government Senior Secondary School Khadder, Tehsil Chopal, District Shimla. 2 10. Virender Dutt, son of Sh. Sahi Ram presently working as Lecturer in History, Government Senior Secondary Schoo, Sarain, Tehsil Chopal, Distt. Shimla. 11. GopiChand, son of Sh. Lachi Ram presently working as Lecturer in Commerce, Government Senior Secondary School (Boys) Lalpani, Tehsil and Distt. Shimla. ….Petitioners. Versus. 1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla. 2. Director Higher Education, Himachal Pradesh, Shimla. ….Respondents Civil Writ Petition under Article 226 of the Constitution of India. _______________________________________________________________ Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, J. ________________________________________________________________ For the Petitioners: Mr. Surinder Parkash Sharma, Advocate. For the Respondents: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General. __________________________________________________________________ Justice Kurian Joseph, C.J. (oral) The writ petition is filed mainly with the following prayers:- “(a) Issue a writ of mandamus or any other writ, order, direction directing the respondents to pay to the petitioners 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 3 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 titled as Nek Ram & others V/s State of H.P. and others, dated 17.11.2009. (b) That the respondents may kindly be directed to pay the revised pay scale and others benefits from the date of initial appointment with interest with all consequential benefits.” 2. Learned counsel for the petitioners submits that the present lis is covered by the judgment rendered in CWP(T) No. 14232 of 2008, titled as Nek Ram and others vs. State of Himachal Pradesh and others , decided on 17.11.2009. 3. Accordingly, the present petition is disposed of with a direction to the respondents to consider the case of the petitioners in the light of the principles laid down by this Court in the judgment dated 17.11.2009 as noticed above, within a period of three months from the date of production of certified copy of this judgment by the petitioners and copy of the judgment referred to above. So far as the case of the petitioners for the grant of regular/revised pay scale is concerned, the same be considered after the decision rendered by this Court in LPA No. 105 of 2010. 4. Pending application(s), if any, also stands disposed of. No costs. (Justice Kurian Joseph) Chief Justice. December 20, 2011 (Dev Darshan Sud), ms Judge