Himachal Pradesh High Court
Ramesh Chand Sharma vs Baba Balak Nath Temple Trust And Others on 25 June, 2018
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
.
CWP No. 9464 of 2014.
Date of decision: 25.06.2018.
Ramesh Chand Sharma .....Petitioner.
Versus
Baba Balak Nath Temple Trust and others
Coram
r to
..Respondents.
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1 No
For the Petitioner : Mr. Bhuvnesh Sharma and Mr.
Ramakant Sharma, Advocates.
For the Respondents : Mr. K.D. Sood, Senior Advocate,
with Mr. Rajnish K. Lal,
Advocate.
Tarlok Singh Chauhan, J. (Oral).
The petitioner has filed the present writ petition for the grant of following reliefs:
"(i) That the respondents may kindly be directed to reckon the length of service of the petitioner w.e.f. his initial date of appointment i.e. 04.11.1985 for granting him Senior Scale and 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 26/06/2018 23:00:51 :::HCHP 2 Selection Grade and the arrears accrued thereunder may kindly be ordered to be paid .
with interest.
(ii) That the respondents may kindly be directed to pay salary to the petitioner in the UGC pay scale w.e.f. 01.01.1996, further revised from time to time, with all consequential benefits.
(iii) That the increments restored to the petitioner from March, 1989 to November, 1992 may kindly be ordered to be paid and arrears accrued thereunder may be paid with interest.
(iv) That stagnation scale due to the petitioner at the completion of 16 years of service may also be ordered to be paid and arrears may kindly be ordered to be released to the petitioner with interest."
2. It is not in dispute that earlier to this petition, the petitioner had filed CWP No. 1856 of 2009 and the same was disposed of vide judgment dated 6.5.2014 with the direction to the respondents to consider the case of the ::: Downloaded on - 26/06/2018 23:00:51 :::HCHP 3 petitioner, strictly in view of the principles laid down in the judgments rendered by this Court in CWP No. 274 of 2001 .
Dr. Karan Singh Rana and Ors. vs. State of H.P. and others, decided on 31.10.2008 and CWP No. 1742 of 2007 V.D. Vasishth and anr. vs. State of H.P. and others and other connected matters decided on 8.7.2010.
3. The records reveal that the relief as sought for by the petitioner is based on four claims which are as under:
(i ) Grant of UGC scales ;
(ii) Release of increments of Ph.D. qualification as per UGC norms;
(iii) Arrear of pay scales from 01.01.1996 to 30.04.1999;
(iv) Benefit of stagnation scale due after sixteen years of service.
4. As regards claims No. (i) and (ii), the same have not been granted to the petitioner as the respondents have not adopted the UGC scales and it has further been made clear that as and when the same is adopted, it will be granted to all persons, who are entitled to the same without any discrimination.
5. As regards claims No.(iii) and (iv), there is no dispute regarding the entitlement of the petitioner and in ::: Downloaded on - 26/06/2018 23:00:51 :::HCHP 4 fact in the reply the respondents have candidly admitted that the arrears bill of stagnation scale and revised pay .
scale amounting to Rs.5,04,065/- has been prepared and the same is pending due to present litigation.
6. Therefore, in the given circumstances, the petition is partly allowed by directing the respondents to pay the petitioner claims No. (iii) and (iv) within a period of four weeks, if not already paid.
The writ petition is disposed of in the aforesaid terms, so also the pending application(s), if any, leaving the parties to bear their own costs.
25th June, 2018 (Tarlok Singh Chauhan),
(GR) Judge
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