1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.11092 of 2011-J Decided on: 20.12.2011 1. LHC No. 286, Sh. Garja Ram, S/o Sh. Lehru Ram, R/o Village Khan, P.O. Chandpur, Tehsil Sadar, District Bilaspur, H.P. 2. HC No. 25, Sh. Badri Dass, S/o Sh. Govind Ram, R/o Village Khan, P.O. Chandpur, Tehsil Sadar, District Bilaspur, H.P 3. HHC No. 37, Sh. Madan Lal, S/o Sh. Sant Ram, R/o Village Bhandwar, P.O. Chandpur, Tehsil Sadar, District Bilaspur, H.P 4. Smt. Nirmala Devi, W/o late H.C. No. 30 Balwant Singh, R/o Village Patta, P.O. Dangar, Tehsil Ghumarwin, District Bilaspur, H.P 5. H.C. No. 28 Sh. Ishwar Singh, S/o Sh. Shyam Lal, R/o Village Patta, P.O. Dangar, Tehsil Ghumarwin, District Bilaspur, H.P 6. LHC No. 153, Gajjan Ram, S/o Sh. Lakhu Ram, R/o Village Gehra P.O. Balh Churari, Tehsil Ghumarwin, District Bilaspur, H.P 7. LHC No. 172, Sh. Bhag Singh, S/o Sh. Mansa Ram, R/o Village Bhanan, P.O. Jhandutta, District Bilaspur, H.P 8. LHC No. 216, Sh. Ram Dhan, S/o Sh. Munshi Ram, R/o Village Bhatoli, P.O. Malyour, Tehsil Ghumarwin, District Bilaspur, H.P. 9. LHC No. 190, Sh. Shankar Singh, S/o Sh. Jeet Ram, R/o Village Dagdan, P.O. Jagatar, Tehsil Naina Devi Ji, District Bilaspur, H.P. 10. LHC No. 175, Sh. Sunder Ram, S/o Sh. Ganga Ram, R/o Village Lahra, P.O. Kuh Majhwar, Tehsil Ghumarwin, District Bilaspur, H.P. 2 11. LHC No. 254, Sh. Kanshi Ram, S/o Sh. Madho Ram, R/o Village Khal, P.O. Saloa, Tehsil Naina Devi, District Bilaspur, H.P. 12. LHC No. 30, Sh. Kishan Dass, S/o Sh. Prabhu Ram, R/o Village & P.O. Nanba, Tehsil Ghumarwin, District Bilaspur, H.P. 13. LHC No. 35, Sh. Roop Singh, S/o Sh. Durga Dass, R/o Village Lada, P.O. Kuh Majhwar, Tehsil Ghumarwin, District Bilaspur, H.P. 14. LHC No. 183, Sh. Kanshi Ram, S/o Sh. Lohangu Ram, R/o Village Samletu, P.O. Matla, Tehsil Jhandutta, District Bilaspur, H.P. 15. Sh. Basant Ram-71, S/o Sh. Biri Singh, R/o Village Jyour, P.O. Jagat Khana, Tehsil Naina Devi, District Bilaspur, H.P. 16. LHC No. 238, Sh. Ram Lal, S/o Sh. Malagar, R/o Village Rori House No. 25, Sector No. 2, Tehsil and District Bilaspur, H.P. 17. LHC No. 302, Sh. Sher Singh, S/o Sh. Bal Ram, R/o Village Bajaour, P.O. & Tehsil Jhandutta, District Bilaspur, H.P. 18. LHC No. 8, Sh. Anant Ram, S/o Sh. Bajiru Ram, R/o Village Kholvi, P.O. Raghunath Pura, Tehsil and District Bilaspur, H.P. 19. HC No. 25, Sh. Prabhu Ram, S/o Sh. Bora Ram, R/o Village Malohar, P.O. Salwad, Tehsil Jhandutta, District Bilaspur, H.P. 20. LHC No. 257, Sh. Telu Ram, S/o Sh. Bhura Ram, R/o Village Khal P.O. Saloa, Tehsil Naina Devi, District Bilaspur, H.P. 21. HC No. 24, Sh. Ram Dass, S/o Sh. Polo Ram, R/o Village Banda P.O. & Tehsil Jhandutta, District Bilaspur, H.P. 22. HC No. 57, Sh. Ramji Dass, S/o Sh. Heera Ram, R/o Village Tehri, P.O. Kalol,, Tehsil Jhandutta, District Bilaspur, H.P. 3 23. LHC No. 218, Sh. Ram Singh, S/o Sh. Gopala Ram, R/o Village & P.O. Dahad, Tehsil Jhandutta, District Bilaspur, H.P. 24. LHC No. 234, Sh. Mathra Dass, S/o Sh. Gangu Ram, R/o Village Luhanu, P.O. Chandpur, Tehsil Sadar, District Bilaspur, H.P. 25. LHC No. 27, Sh. Pohlo Ram, S/o Sh. Gopala Ram, R/o Village Danho, P.O. Kosariya, Tehsil and District Bilaspur, H.P. 26. HC No. 11, Sh. Gaira Ram, S/o Sh. Viriya Ram, R/o Village Bhanjatta (Julayni) Tehsil Ghumarwin, District Bilaspur, H.P. 27. LHC No. 202 Sh. Bhuri Singh, S/o Sh. Sudner Singh, R/o Village & P.O. Samoh, Tehsil Jhandutta, District Bilaspur, H.P. 28. LHC No.166 Sh. Krishnu Ram, S/o Sh. Nihalu Ram, R/o Village Bhalu, P.O. Bhgaer, Tehsil Ghumarwin, District Bilaspur, H.P. 29. LHC No. 230, Sh. Lal Singh, S/o Sh. Piru Ram, R/o Village Amarpur, Tehsil Ghumarwin, District Bilaspur, H.P. 30. LHC No. 28, Sh. Jai Ram, S/o Sh. Dittu Ram, R/o Village Amarpur, Tehsil Ghumarwin, District Bilaspur, H.P. 31. LHC No. 57, Sh.Dila Ram, S/o Sh. Shinu Ram, R/o Village Ghachaid, P.O. Kalkhar, Tehsil Sarkaghat, District Mandi, H.P. 32. HC No. 39, Sh. Bakshi Ram, S/o Sh. Haria Ram, R/o Village Baribar, P.O. Bari, Tehsil Sarkaghat, District Mandi, H.P. 33. HC No. 26, Sh. Garib Dass, S/o Sh. Hiru Ram, R/o Village & P.O. Manju, Tehsil Arki, District Solan, H.P. 34. HC No. 61, Sh. Piar Singh, S/o Sh. Milkhi Ram, R/o Village Ghathon, P.O. Burkhari, Tehsil Baldwara, District Mandi, H.P. 4 35. HC No. 38 Sh. Lalman, S/o Sh. Anant Ram, R/o Village Banoa, P.O. Ladda, Tehsil Ghumarwin, District Bilaspur, H.P. 36. LHC No. 74, Sh. Kashmir Singh, S/o Sh. Lal Singh, R/o Village Kandroar, Tehsil Sadar, District Bilaspur, H.P. 37. HC No. 39 Sh. Hardyal Pathak, S/o Sh. Shiree Ram, R/o Village Rahedda, P.O. Chaleli, Tehsil Ghumarwin, District Bilaspur, H.P. 38. LHC No. 118, Sh. Lekh Ram, S/o Sh. Mahant Ram, R/o Village Jaswani, P.O. Dadol, Tehsil Ghumarwin, District Bilaspur, H.P. ....Petitioners Versus 1. State of H.P. through through its Secretary (Home) the Government of Himachal Pradesh, Shimla-2. 2. Director General of Police, Himachal Pradesh, Shimla. 3. Superintendent of Police, Bilaspur, District Bilaspur, Himachal Pradesh. 4. Financial Commissioner-cum-Secretary (Finance) to the Government of H.P. Shimla. …Respondents Writ Petition under Article 226 of the Constitution of India, with the prayer that appropriate writ and direction may kindly be passed in favour of the petitioners in the facts and circumstances of the case. The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, Judge. For the petitioners : Mr. Rakesh Kumar Dogra, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass 5 Sood, Additional Advocate General. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer: “1. That a writ of mandamus may kindly be issued and directing the respondents to grant the revised pay scale alongwith the other benefit w.e.f. 1.1.1996 and fixed the pay and other due and admissible allowances as they are entitled.” 2. According to the petitioners, the issue, in principle, has been settled by this Court in judgment dated 2.6.2009 in CWP (T) No. 7806 of 2008, titled as Dr. Gopal Sharma versus State of H.P. & others and the same stands implemented. It is also submitted that the judgment was followed in another case in CWP (T) No. 6522 of 2008, decided on 20th April, 2010 and the same has also been implemented, as can be seen from Annexure P-3. 3. In case the petitioners are also similarly situated as the petitioners in Dr. Gopal Sharma's case, similar treatment shall be given to the petitioners herein also. The petitioners may produce a copy of this judgment alongwith a copy of the writ petition as well as a copy of the judgment, referred to above, before the second respondent, in which case, appropriate action in accordance with law in the matter shall be taken, without discriminating the petitioners, within another four months. 6 4. The writ petition is disposed of, as above, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. December 20, 2011 (Justice Dev Darshan Sud), (ms/hl) Judge.