STATE OF HIMACHAL PRADESH Vs. RAMESH SHARMA

JUDGEMENT

(1.) THE present LPA has been preferred against the judgment dated 11.5.2009, passed in Civil Writ Petition (T) No.3079 of 2008 (OA No.500/96), (Dr. Ramesh Sharma `Arun' vs. State of H.P and another). THE respondent-Dr. Ramesh Sharma, preferred the writ petition above mentioned before learned Tribunal seeking benefit of judgment delivered by erstwhile Himachal Pradesh Administrative Tribunal passed in OA No.76 of 1988, (Smt. Simro Devi and others vs. State of H.P and others), decided on 6th April, 1995.

(2.) THE writ petitioner was appointed as JBT in the year 1972. Subsequent to his appointment, he acquired higher educational qualifications i.e. M.A; M. Phil, PHD prior to 27.8.1979. THE State-appellant took a decision, vide its letter dated 27.9.1979 that monetary benefit of service is to be given to all those persons who had improved their educational qualifications subsequent to their joining as Home Science Teachers. Vide another letter dated 12th May, 1987 appellants/State took a decision that the monetary benefits be restricted to the period of 38 months preceding the date of 1st January, 1987. It appears that the writ petitioner has acquired higher educational qualification i.e. Ph. D prior to 27th of August, 1979 and was claiming all the monetary benefits payable to him. THE case of the writ petitioner was also fortified in view of the letter dated 14th May, 1987 of Director of Primary Education, Himachal Pradesh issued to all the District Primary Education Officers, which is extracted below :

(3.) IN these circumstances, LPA being devoid of any merit and is accordingly dismissed. Accordingly,the appellants/respondents are directed to release the higher pay scales to the writ petitioner herein from the date he acquired higher academic qualifications with further direction that the writ petitioner shall make payment within a period of four months from 11.5.2009 failing which he was entitled the interest at the rate of 9% per annum.