Himachal Pradesh High Court
Shruti Verma vs State Of H.P. And Others on 18 September, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 1761/2018-G with CWPs .
No.1768/2018-G, 1884/2018-I and 1885/2018-I Date of decision: September 18, 2018 CWP No. 1761/2018-G Shruti Verma ....Petitioner Versus State of H.P. and others ....Respondents CWP No. 1768/2018-G Sunita Verma ....Petitioner Versus State of H.P. and others ....Respondents CWP No. 1884/2018-I Mahinder Sharma ....Petitioner Versus State of H.P. and others ....Respondents CWP No. 1885/2018-I Yogesh Kumar ....Petitioner Versus State of H.P. and others ....Respondents Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No 1 ::: Downloaded on - 19/09/2018 22:59:22 :::HCHP 2 For the petitioner(s) : M/s. Neel Kamal Sood,Vasu Sood and Ruchi Kumari, Advocates in all petitions .
For the respondents : Mr. Ashok Sharma, Advocate General with M/s. J.K. Verma, Adarsh Sharma, Ritta Goswami and Nand Lal Thakur, Addl. A.Gs. for the respondents/State M/s. Leena Guleria and Gunjan Rishi, Advocates, for respondent No.3 in CWP No.1884/2018 Sanjay Karol, Acting Chief Justice. (Oral) Petitioner(s), by the medium of these petitions, have mainly prayed for the following relief(s):
"(1) The respondent No.2 may kindly be directed to audit the records of respondents No.3 & 4, as postulated in sub-clause (I) & (ii) of condition 5th of the CISCE Bye-Laws (Annexed with these petitions as Annexure P-1) and further directions may kindly be issued to respondents No.1 & 2 to ensure that the staff of Himalayan International School, under the Management of Respondents No.3 & 4, is paid salaries as per CISCE guidelines or the minimum pay scale, which is being paid by Himachal Pradesh State to tis teachers and further irregularities committed by Respondent No.3, may kindly be ordered to be cured, by extending benefits in favour of the petitioner(s) .
Whether the reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 19/09/2018 22:59:22 :::HCHP 3(2). That the petitioner(s) further pray(s) that in the event of non-compliance of sub-clause (I) & (ii) of .
condition 5th, appropriate directions may kindly be issued to respondents No.3 & 4 to pay arrears of pay scale from the date of affiliation along with interest @12% per annum till the date of actual payment, with all the consequential benefits.
(3) That respondents No.3 & 4 may kindly be directed to release D.A. And yearly increments and in accordance with the CISCE guidelines to the petitioner(s) and deduct EPF as per Rules, which relief has not been given by the respondents in favour of the petitioner(s) till date. Further, directions may kindly be issued to the respondents to release D.A. on revised pay scale as per CISCE Affiliation Bye-Laws, with due and admissible interest."
2. Learned counsel for the petitioner(s), under instructions, submits that the petitioner(s) shall be content if a direction is issued to respondent No.2 to consider and decide the petitioners' representation(s) (Annexure P-5), which they have already made before the competent authority (respondent No.4). Also, petitioner(s) do not press the issue raised in the present petitions, for the reliefs as orally prayed for, is that of a mere direction to respondent No.2 to consider and decide the petitioners' ::: Downloaded on - 19/09/2018 22:59:22 :::HCHP 4 representation(s) (Annexure P-5), which they have already made before the competent authority (respondent No.4).
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3. Learned Additional Advocate General for the respondents has no objection to the same.
4. No other point is urged.
5. Leaving all questions of law open, in view of the statement made by the learned counsel more so, for the reason that the petitions, as prayed for are not pressed, we dispose of the present petitions with direction to respondent No.2 to consider and decide the petitioners' representation(s) (Annexure P-5) expeditiously and preferably within a period of two months' from today, in accordance with law, by affording opportunity of hearing to all concerned.
6. Needless to add, if the order is not in favour of the petitioners, the authority shall assign reasons while deciding the same, which shall be communicated to the petitioners. Liberty is reserved to the petitioners to approach the Court, if need so arises subsequently.
7. It is clarified that we have not expressed any opinion on merit of the case.
::: Downloaded on - 19/09/2018 22:59:22 :::HCHP 58. With the aforesaid observations, present petitions stand disposed of, so also pending application(s), if any.
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Copy dasti.
(Sanjay Karol), Acting Chief Justice (Ajay Mohan Goel), Judge.
September 18, 2018 (rana/narender) ::: Downloaded on - 19/09/2018 22:59:22 :::HCHP .
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