Himachal Pradesh High Court
Sh. Om Pal vs State Of H.P. & Anr. Decided On on 10 March, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 10th DAY OF MARCH, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.990 of 2022
Between:-
1. SH. OM PAL, SON OF SH.
AYODHYA DASS, RESIDENT OF
VILLAGE & P.O. BEEHAN, TEHSIL
DEHRA, DISTRICT KANGRA,
H.P.-177103. AGED ABOUT 51
YEARS (DOB 03.07.1970).
PRESENTLY WORKING AS BDO
AT BLOCK DEVELOPMENT
NALAGARH, DISTRICT SOLAN,
H.P.
2. SH. NARESH SHARMA, SON OF
LATE SH. PURAN CHAND
SHARMA, RESIDENT OF VILLAGE
GHARECH, P.O. SHOGHI, TEHSIL
SHIMLA, DISTT. SHIMLA,
(H.P.)-171219. PRESENTLY
WORKING AS DMM, NRCM
SHIMLA, H.P. (DOB 08.01.1967), 55
YEARS.
3. MS. RANJI GAUTAM,
D/O SH. V.P. SHARMA, RESIDENT
OF DEVDEYAM, SIDDHESHWARI
ENCLAVE, VILLAGE NEW
KATHER, P.O. CHAMBAGHAT,
TEHSIL & DISTT. SOLAN, H.P.
PRESENTLY WORKING AS
BLOCK DEVELOPMENT OFFICER
AT DEVELOPMENT BLOCK
NARKANDA, DISTRICT SHIMLA,
H.P. (DOB 22.02.1966), 56 YEARS.
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4. SH. MAN SINGH, SON OF SH.
GOPI RAM, R/O VILLAGE NELA,
P.O. DUDER, TEHSIL SADAR,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS BDO AT BLOCK
.
DEVELOPMENT OFFICER
GOHAR, DISTRICT MANDI, H.P.
(DOB 15.11.1967), 55 YEARS.
5. SH. JAGDAMBA PARSHAD,
S/O LATE SH. BHAGWATI
PARSHAD, R/O VPO CHAUNTRA,
TEHSIL JOGINDER NAGAR,
DISTT. MANDI, H.P. PRESENTLY
WORKING AS BLOCK
DEVELOPMENT OFFICER AT
DEVELOPMENT BLOCK
BAIJNATH, DISTRICT KANGRA,
H.P. (DOB 05.07.1964), 58 YEARS.
6.
SH. SANJEEV KUMAR PURI, SON
OF LATE SH. SOM NATH PURI,
R/O VPO MAUJHOLI, TEHSIL
NALAGARH, DISTRICT SOLAN,
H.P., PRESENTLY WORKING AS
BDO AT NADAUN, DISTT.
HAMIRPUR, H.P.
(DOB 01.01.1970), 52 YEARS.
7. SH. KULDEEP KUMAR, SON OF
SH. SHANKE DASS, RESIDENT
OF VILLAGE RITT, P.O. JALARI,
TEHSIL NADAUN, DISTT.
HAMIRPUR, H.P. PRESENTLY
WORKING AS BLOCK
DEVELOPMENT OFFICER AT
DEVELOPMENT BLOCK
JHANDUTTA, DISTT. BILASPUR,
H.P. (DOB 04.01.1996), 56 YEARS.
8. SH. CHATTAR SINGH, SON OF
SH. KASHMIR SINGH, RESIDENT
OF VPO ROPRI, TEHSIL BAJJAR,
DISTT. HAMIRPUR, H.P.
PRESENTLY WORKING AS
BLOCK DEVELOPMENT OFFICER
AT DEVELOPMENT BLOCK
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DEHRA, DISTT. KANGRA, H.P.
(DOB 12.03.1966), 56 YEARS.
9. SH. TAPENDER SINGH NEGI, SON
OF LATE SH. D.S. NEGI,
RESIDENT OF VPO & TEHSIL
SANGLA, DISTT. KINNAUR, H.P.
.
PRESENTLY WORKING AT DMM
(NRLM) DRDA SOLAN, H.P.
(26.09.1967), 55 YEARS.
10. SH. HARI CHAND, SON OF SH.
JAT RAM , RESIDENT OF
VILLAGE ANU KHURD, P.O. &
TEHSIL HAMIRPUR, DISTT.
HAMIRPUR, H.P. PRESENTLY
WORKING AS BDO AT BIJHARI,
DISTRICT HAMIRPUR, H.P. (DOB
26.04.1966), 56 YEARS.
11. SH. SHYAM SINGH, SOJN OF SH.
JASWANT SINGH, R/O VILLAGE
SAMKAR, P.O. PRESENTLY
WORKING AS BLOCK
DEVELOPMENT OFFICER AT
DEVELOPMENT BLOCK NURPUR,
DISTRICT KANGRA, H.P. (DOB
15.11.1966), 56 YEARS.
12. MS. TARA DEVI D/O LATE SH.
DHARMA DUTT, R/O VILLAGE
KAYAR, P.O. RAURI, TEHSIL
KASAULI, DISTRICT SOLAN, H.P.
PRESENTLY WORKING AS
BLOCK DEVELOPMENT OFFICER
AT DEVELOPMENT BLOCK
KUNIHAR, DISTRICT SOLAN, H.P.
(DOB 06.04.1965), 57 YEARS.
13. SH. VINAY KUMAR SHARMA, SON
OF SH. PARMA NAND SHARMA,
R/O VILLAGE BHALWAN, P.O. &
TEHSIL SARKAGHAT, DISTRICT
MANDI, H.P.-175024. PRESENTLY
WORKING AS B.D.O. AT
DEVELOPMENT BLOCK SADAR
BILASPUR, DISTT. BILASPUR,
H.P. (DOB 27.10.1969), 53 YEARS.
14. SH. RANVIJAY KATOCH, SON OF
SH. MILAP CHAND, RESIDENT OF
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VILLAGE BANGHAIR, P.O.
DEHAN, TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P.
PRESENTLY WORKING AS B.D.O.
AT DEVELOPMENT BLOCK
FATEHPUR, DISTRICT KANGRA,
.
H.P. (DOB 02.03.1966), 56 YEARS. ....PETITIONERS
(BY MR. NARESH KAUL,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH ITS PRINCIPAL
SECRETARY (FINANCE) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. THE PRINCIPAL SECRETARY
(RURAL DEVELOPMENT) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002. ....RESPONDENTS
(By MR. ASHWANI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
______________________________________________________
This Civil Writ Petition coming on for admission this day,
Hon'ble Ms. Justice Sabina, passed the following:
ORDER
Petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking the following relief(s):-
"a) That a writ in the nature of mandamus may kindly be issued by directing the respondents to grant the pay scale/pay band of Rs.10,300-34800+grade pay 5400 in stead of grade pay Rs.5000/- from the ::: Downloaded on - 10/03/2022 20:13:17 :::CIS 5 date of their joining, after the issuance of the notification dated order dated 01.06.2021 (Annexure P-1) on the post of Block Development Officers, with all consequential .
benefits, in the interest of law and justice.
b) That the respondents may be directed to fix the pay etc. of the petitioners on the basis of grade pay of Rs.5400/- in view of judgment rendered by the Hon'ble High Court in CWP No.3660/2012 titled as Kulbir Singh Rana & Others vs. State of H.P. & Anr. Decided on 20.09.2012 (Annexure P-2), when the decision as mentioned in Annexure P-2 has also been implemented in favour of the petitioners by allowing the CWPs, No.1641/2020, 1642/2020 & 1538/2020 filed by Smt. Pushpa Devi, Sh. Satish Kumar and Sh. Atma Ram's case respectively on 17.06.2020 & 18.06.2020 (Annexure P-3 to P-5).
c) That the respondent may further be directed to calculate and pay the leave encashment and retirement gratuity on the basis of grade pay of Rs.5400/- in view of judgment rendered by this Hon'ble High Court in CWP No.3660/2012 titled as Kulbir Singh Rana & Others vs. State of H.P. & Anr. (Annexure P-2).
d) That the respondents may be directed to grant all consequential relief's in pursuance ::: Downloaded on - 10/03/2022 20:13:17 :::CIS 6 to pay fixation in the pay band of Rs.10,300- 34800 with grade pay of Rs.5400, in the interest of law and justice."
.
2. Mr. Naresh Kaul, learned counsel for the petitioners, states that the issue in question is squarely covered by the judgment rendered by this Court in CWP No.3660 of 2012, titled Kulbir Singh Rana & Ors. vs. State of H.P. & Anr., dated 20.09.2012 (Annexure P-2). Mr. Ashwani K. Sharma, learned Additional Advocate General, is not in a position to dispute this.
3. Accordingly, for the reasons stated in the said judgment, which shall apply mutatis mutandi to the facts of the present case, the same is allowed. Let consequential action in terms of the aforesaid judgment be taken within a period of eight weeks from today.
4. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
`
( Sabina )
Judge
( Satyen Vaidya )
March 10, 2022 Judge
(Yashwant)
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