Himachal Pradesh High Court
Pawan Kumar Verma & Ors vs State Of H.P. & Anr on 6 March, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.840 of 2019 Decided on: 6th March, 2023 _________________________________________________________________ .
Pawan Kumar Verma & Ors. ....Petitioners
Versus
State of H.P. & Anr. ...Respondents
_________________________________________________________________ Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge 1 Whether approved for reporting?
_________________________________________________________________ For the petitioners: Mr. Vikas Rajput, Advocate.
For the respondents: Mr. Y.P.S.Dhaulta, Additional Advocate General.
Jyotsna Rewal Dua, Judge Petitioners were employees of Maharaja Sansar Chand Memorial College, Thural, Tehsil Palampur, District Kangra, H.P. The services of the staff of this college was taken over by the respondents-State under notification dated 18.10.2006 w.e.f. 09.11.2005. The services of the petitioners are also stated to have been taken over by the respondents-
State. The petitioners' prayer is that they are entitled for protection of pay scale in which they were working at the 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 06/03/2023 20:33:19 :::CIS -2-time of taking over of their services with all consequential benefits including benefits of revision of pay scales.
2. During hearing of the case on 12.10.2022, learned .
counsel for the petitioners had submitted that the issue involved in the present lis was squarely covered by the judgment delivered in CWP(T) No.7821 of 2008 (Ms. Prem Lata Thapar Versus State of H.P. and others) decided on 27.07.2011. Learned counsel for the petitioner has placed on record a copy of judgment dated 30.06.2022, delivered in LPA No.135 of 2012 (State of H.P. and others Versus Miss Prem Lata Thapar and the connected matters), whereby judgment passed by the learned Single Judge on 27.07.2011 in CWP(T) No. 7821 of 2008, was affirmed. Learned counsel for the petitioner has placed on record office order dated 22.12.2022, and on that basis highlighted that the aforesaid judgments have been implemented qua the petitioners in that case.
3. During hearing of the case today, learned Additional Advocate General placed on record a copy of instructions memo dated 31.10.2022 from the office of the Director Higher Education, Himachal Pradesh addressed to ::: Downloaded on - 06/03/2023 20:33:19 :::CIS -3- the office or learned Advocate General. Relevant extract whereof reads as under:-
"I have the honour to refer Hon'ble High Court .
directions dated 12.10.2022 wherein the Hon'ble High Court has directed to impart instructions whether the case of petitioner is covered by the judgment passed in Prem Lata Thapar's case.
In this behalf, it is submitted that petitioners are covered under LPA No.135/2012 tilted State of H.P. Vs Prem Lata Thapar & others. It is also submitted that matter is under consideration of the Govt. of H.P. The letter dated 22.08.2022 addressed to Principal Secretary to the Govt. of H.P. is also enclosed."
4. Since, the issue raised and the reliefs claimed in the instant matter are admittedly covered under the aforesaid judgments dated 27.07.2011 and 30.06.2022 passed in CWP(T) No.7821 of 2008 and LPA No.135 of 2012 and connected matters, respectively, there shall be a direction to the respondents/competent authority to consider the respective cases of the petitioners in light of these decisions and pass appropriate orders in accordance with law within a period of three weeks from today. Copy of the order so passed be also communicated to the petitioners. It goes without saying that in case the petitioners are held entitled to the benefits of the aforesaid judgments, then they shall be ::: Downloaded on - 06/03/2023 20:33:19 :::CIS -4- released same benefits as have been released to the petitioners in CWP(T) No. 7821 of 2008.
5. The present writ petition to stand disposed of in .
the aforesaid terms alongwith pending miscellaneous application(s), if any.
Jyotsna Rewal Dua Judge March 6, 2023 R.Atal ::: Downloaded on - 06/03/2023 20:33:19 :::CIS