Himachal Pradesh High Court
Uma Dutt Sharma vs State Of H.P. & Another on 19 March, 2015
Bench: Mansoor Ahmad Mir, Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1637 of 2015-D
Decided on: 19.03.2015
.
Uma Dutt Sharma ...Petitioner.
Versus
State of H.P. & another ...Respondents.
Coram
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
Whether approved for reporting?
For the petitioner: Mr. Vikrant Chandel, Advocate.
For the respondents: Mr. Shrawan Dogra, Advocate General,
with Mr. Romesh Verma & Mr. V.S.
Chauhan, Additional Advocate Generals,
and Mr. J.K. Verma, Deputy Advocate
General.
Mansoor Ahmad Mir, Chief Justice (Oral)
It is contended that the writ petitioner was appointed as JBT on ad hoc basis, came to be regularized as Shastri on 21.04.1994. Thereafter, the Commissioner-cum-Secretary (Education) has issued some directions whereby two special increments granted to the C&V teachers were withdrawn, constraining the writ petitioner to file CWP (T) No. 2599 of 2008, which was granted with a direction to the respondents to count ::: Downloaded on - 15/04/2017 17:49:00 :::HCHP -: 2 :- the period with effect from 21.4.1990 to 4.12.1995 for the purpose of increments. In the meantime, on 26.09.2011, the Secretary .
(Education) has issued a clarification that the finance department has not issued any orders for withdrawal of two special increments to C&V teachers after 20 years of the service and clarified that the same shall remain in force, but, the respondents have not granted the ACP and two special increments to the writ petitioner. Hence, the present writ petition.
2. In the given circumstances, we deem it proper to dispose of this writ petition with a direction to the respondents to examine the case of the writ petitioner in light of the averments contained in the writ petition read with the Rules occupying the field and make a decision within six weeks.
3. The writ petition is disposed of accordingly alongwith all pending applications.
(Mansoor Ahmad Mir) Chief Justice (Dharam Chand Chaudhary) Judge March 19, 2015 ( rajni / naveen ) ::: Downloaded on - 15/04/2017 17:49:00 :::HCHP