1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 10521 of 2011-C Decided on: 9.12.2011 1. Gajender Dutt, S/o Sh. Ganesh Dutt, Permanent R/o Village Baswal, P.O. Dharampur, Tehsil Kasauli, Distt. Solan, H.P., presently working as JBT at G.P.S. Dhillon, Education Block Dharampur, Distt. Solan, H.P. 2. Sudesh Verma, W/o Sh. Prakash Chand, R/o Village Jari, P.O. Brewery, Tehsil & Distt. Solan, H.P., presently working as JBT at G.P.S. Sinchra, Education Block Kandaghat, Distt. Solan, H.P. 3. Suresh Dutt Sharma, S/o Sh. Hari Ram, R/o V.P.O. Kowarg, Tehsil Kandaghat, Distt. Solan, H.P. presently working as JBT at G.P.S. Kowarg Education Block Kandaghat, Distt. Solan, H.P. 4. Kusum Sood, W/o Sh. Sanjeev Kumar, R/o V.P.O. Kumarhatti, Tehsil & Distt. Solan, H.P. presently working as JBT at G.P.S. Purla, Education Block Dharampur, Distt. Solan, H.P. 5. Sarita Malhotra, D/o Sh. Jitender Malhotra, R/o House No. 229, near Radhey Lal Building Circular Road, Tehsil & Distt. Solan, H.P, presently working as JBT at G.P.S. Saolgra, Education Block Kuthar, Tehsil Kasauli, Distt. Solan, H.P. 6. Sunita Sharma, W/o Sh. Kali Dass Sharma, C/o Sh. Dev Raj Sharma, Kotla Nala, Tehsil & Distt. Solan, H.P. presently working as JBT at G.P.S. Bhera-Ka-Kanch, Education Block Dharampur, Distt. Solan, H.P. 7. Sudha Sharma, W/o Sh. Vijay Kumar, R/o Sun Flower Loan Palace Solan, Tehsil & Distt. Solan, H.P. presently working as JBT at G.P.S. Saproon, Education Block Dharampur, Distt. Solan, H.P. 8. Manju Toyagi, W/o Sh. Narinder Titagi, R/o Officer Colony, Kotla Nala, Near JBT College, Tehsil & Distt. Solan, H.P. presently working as JBT at G.P.S. 2 Dhillon, Education Block Dharampur, Distt. Solan, H.P 9. Anajana Sharma, D/o Sh. Satya Ram Sharma, R/o Satyam Niwas, Near S.E. Residence, Power House Road, Saproon, Distt. Solan, H.P. presently working as JBT at G.P.S. Sarari, Centre Sultanpur, Education Block Dharampur, Distt. Solan, H.P. 10. Sanju Gautam, D/o Sh. D.D. Sharma, R/o Arora Lodge, Near Old Bus Stand, Tehsil & Distt. Solan, H.P. presently working as JBT at G.P.S. Ghewa, Education Block Dharampur, Distt. Solan, H.P. 11. Ranveer Singh Rana, S/o Sh. Bhagwan Dass, R/o Village Bhaswal, P.O. Dharampur, Tehsil Kasauli, Distt. Solan, H.P. presently working as TGT at G.M.S. U/c G.S.S. Mojhol, Tehsil Kasauli, Distt. Solan, H.P. 12. Mohinder Singh Rana, S/o Sh. Bhagwan Dass, R/o Village Bhaswal, P.O. Dharampur, Tehsil Kasauli, Distt. Solan, H.P. presently working as D.M. At G.P.S. Killian, Education Block Nalagarh, Distt. Solan, H.P. 13. Shakuntala Sharma, W/o Sh. Sunil Dutt Sharma, Village Mahi, Tehsil Kandaghat, Distt. Solan, H.P. presently working as JBT at G.P.S. Shanhech, Education Block Dharampur, Distt. Solan, H.P. 14. Brij Lal Sharma, S/o Sh. Krishna Dutt Sharma, R/o Auji, P.O. Sultanpur, Tehsil & Distt. Solan, H.P. presently working as JBT at G.P.S. Manjhali, Education Block Dharampur, Distt. Solan, H.P. 15. Upasna Gupta W/o Sh. Naresh Gupta, R/o House No. 217, Village Kather, Near Police Line, P.O. Chambaghat, Tehsil & Distt. Solan, H.P. presently working as TGT at GMS Basal u/c GSSS Gugga Ghat, Education Block Kuthar, Distt. Solan, H.P. 16. Manju Gupta, W/o Sh. Dinesh Gupta, permanent R/o Main Bazar Karsog, Tehsil Karsog, Distt. Mandi, H.P. presently working as JBT at G.P.S. Kutti, Education Block Karsog-I, Distt. Solan, H.P. 3 17. Vidya Devi, W/o Sh. Mohan Lal, R/o Village Gawalla, P.O. Sandhol, Tehsil Sarkaghat, Distt. Mandi, H.P. presently working as JBT at G.P.S. Kot (Maindhi), Education Block Karsog-II, Tehsil Karsog, Distt. Mandi, H.P. 18. Meera Gupta, W/o Sh. Ved Prakash Mahajan, R/o Near Telephone Exchange Karsog, Tehsil Karsog, Distt. Mandi, H.P. presently working as JBT at G.P.S. Karsog, Education Block Karsog-I, Distt. Mandi, H.P. 19. Tanuja Kumari, W/o Sh. Narender Gupta, R/o Village Baso, P.O. & Tehsil Gohar, Distt. Mandi, H.P. presently working as JBT at G.P.S. Bukhalar, Education Block Chhoiat-II, Distt. Mandi. 20. Nirmala Devi, W/o Sh. Toya Dhar Sharma R/o V.P.O. Kao, Tehsil Karsog, Distt. Mandi, H.P. presently working as JBT at G.P.S. Kifri Dhar, Education Block Karsog- I, Distt. Mandi, H.P. 21. Lata Gupta, W/o Sh. Lok Pal Gupta, R/o V.P.O. Karsog, Tehsil Karsog, Distt. Mandi, H.P. presently working as JBT at G.P.S. Karsog, Education Block Karsog-I, Distt. Mandi, H.P. 22. Ami Chand, S/o Sh. Devi Chand, R/o Village Kuther, P.O. Dev Brarta, Tehsil Sarkaghat, Distt. Mandi, H.P. presently working as JBT at G.P.S. Thach Junag, Education Block Karsog-I, Distt. Mandi, H.P. 23. Geeta Devi, W/o Sh. Ravinder Kumar, R/o Near Telephone Exchange, Karsog, Tehsil Karsog, Distt. Mandi, H.P. presently working as JBT at G.P.S. Mamail, Education Block Karsog-I, Distt. Mandi, H.P. 24. Veena Kumari, W/o Sh. Ram Saroop, R/o V.P.O. Salwana, Tehsil Sundernagar, Distt. Mandi, H.P. presently working as JBT at G.P.S. Bakhaun, Education Block Karsog-I, Distt. Mandi, H.P. 25. Sumna Devi, W/o Sh. Rattan Chand, R/o V.P.O. Sainthal, Tehsil Jogindernagar, Distt. Mandi, H.P. presently working as JBT at G.P.S. Sainthal, Education Block Chauntra, Distt. Mandi, H.P. 4 26. Daya Gupta, W/o Dr. S.L. Gupta, R/o House No. 139, Lower Bazar, Subathu, Distt. Solan, H.P. presently working as JBT at G.P.S. Subathu, Distt. Solan, H.P. 27. KrishnaNegi,W/o Sh. Bhupal Singh Rawat, R/o House No. 415, Old Power House Road, Saproon, Distt. Solan, H.P. presently working as JBT at G.P.S. Kotla, Distt. Solan, H.P. 28. Sushma Chauhan, W/o S. Kripal Singh Chauhan, C/o Sh. Lalit Sood, Santosh Kunj, Near Punjvilla School, Solan, H.P. presently working as JBT at GES Kotla, Distt. Solan, H.P. 29. Pritibha Thakur, W/o Sh. Ramakaran Thakur, R/o House c/o Sh. Deepak Thakur, Village Bajral, Jaunaji Road, Distt. Solan, H.P. presently working as JBT at G.E.S. Ravin Bassi, Distt. Solan, H.P. 30. Veena Rani, W/o Sh. Hukam Chand, C/o Sh. Kamal Kant Sharma, Tulsika Bhawan, Old Rajan House, Near Thodo Ground, Solan, presently working as JBT at G.E.S. Ser Banera (Mashiwar), Distt. Solan, H.P. 31. Sunita Sachdeva, W/o Sh. Anil Sachdeva, M-20, Housing Board Colony, Phase-I, Solan, H.P. presently working as JBT at G.P.S. (Girls) Solan, Distt. Solan, H.P. 32. Seema Puri, W/o Vijay Puri, R/o Daya Bhawan, Near Railway Line, Near ITI, Solan, H.P. presently working as JBT at G.P.S. (Girls) Solan, Distt. Solan, H.P. 33. Sagar Dutt Sharma, S/o Sh. Milkhi Ram, R/o Village Auji, P.O. Dharot, Tehsil & Distt. Solan, H.P. presently working as JBT at G.E.S. Sainj (Kawarg), Distt. Solan, H.P. 34. Suman Kumari, W/o Mr. Pradeep Arora, C/o Fakir Chand & Sons, The Mall, Solan, H.P. presently working as JBT at G.P.S. Mansar, Education Block Kuthar, Distt. Solan, H.P. 35. Pawan Kumar Atri, S/o Sh. Gita Ram Atri, V.P.O. Jabli, Distt. Solan, H.P. presently working as JBT at G.P.S. Rauri, Education Block Kuthar, Distt. Solan, H.P. 36. Anita Suri, S/o Sh. M.P. Suri, Star Cottage, Shilly Road, Solan, H.P. Presently working as JBT at G.C.S. Deothi, Distt. Solan, H.P. 5 37. Pinki Sharma, D/o Sh. Bansi Lal, R/o Village New Kuthar, Near HRTC Workshop, P.O. Chambaghat, Distt. Solan, H.P. presently working as JBT at G.P.S. Robon, Education Block Dharampur, Distt. Solan, H.P. 38. Hitender Kumar, S/o Sh. Ruder Dutt Sharma, R/o Village Nohara Kurgal, P.O. Hinner via Chail, Tehsil Kandaghat, Distt. Solan, H.P. presently working as JBT at G.P.S. Dahar, Education Block Kandaghat, Distt. Solan, H.P. 39. Narender Kumar, S/o Sh. Shyam Sunder, C/o T.R. Verma Building, New Shimla, Shimla, H.P. Presently working as JBT at GPS Bagetu, Distt. Solan, HP. 40. Sarojini Sharma, W/o Sh. Kuldeep Sharma, R/o V.P.O Sainthal, Tehsil Jogindernagar, Distt. Mandi, H.P. presently working as JBT at GPS Pandoga Bassi, Education Block Haroli, Distt. Una, H.P. 41. Uttam Chand, S/o Sh. Bishan Dass, Village Dadoon, P.O. Chamukha, Tehsil Rakkar, Distt. Kangra, H.P. Presently working as JBT at G.P.S. Dadoon, Education Block Rakkar, Distt. Kangra, H.P. ......Petitioners Versus 1. State of Himachal Pradesh through Secretary (Education), to the Government of H.P., Shimla. 2. State of H.P., through Secretary (Finance), to the Govt. of H.P., Shimla. 3. Director, Elementary Education, H.P., Shimla. 4. Deputy Director, Elementary Education, Solan, Distt. Solan, H.P. 5. Deputy Director, Elementary Education, Solan, Distt. Kangra, H.P. 6. Treasury Officer, Solan, Distt. Solan, H.P. ....Respondents 6 Civil Writ Petition under Article 226 of the Constitution of India for issuance of writ of mandamus or any other appropriate writ, order or direction to the respondent in the following facts and circumstances. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioners : Mr. Ramakant 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 General. Justice Kurian Joseph, C.J. (Oral) 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 versus State of Himachal Pradesh and others, decided on 17.11.2009. 2. Accordingly, the present petition is disposed of with the direction to the respondents to consider the case of the petitioners in view of the principles laid down by this Court in the judgment dated 17.11.2009, as noticed above, within a period of two months from the date of production of a copy of this judgment by the petitioner concerned. 7 3. 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. 105/2010. 4. Pending application(s), if any, also stands disposed of. No costs. (Justice Kurian Joseph), Chief Justice. December 9, 2011 (Justice V.K. Ahuja), ( hl) Judge.