SANDHYA DEVI THAKUR Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner is the widow of late Sh.Amar Nath who was working as a Classical and Vernacular (C&V) teacher with the State of Himachal Pradesh. According to the petitioner, her husband was granted pay scale of Rs.620-1200 prior to 1981 and therefore after the revision of pay scales in the year 1986 he should have been placed in the pay scale of Rs.1640 -2925 w.e.f. 1.1.1986.

(2.) THOUGH repeated opportunities were given to the State to file reply both by the learned Tribunal as well as by this Court, no reply has been filed and therefore the averments made in the petition remain uncontroverted. It is, therefore, accepted as a correct fact that the husband of the petitioner had been granted the selection grade of Rs.620-1200 prior to the year 1981.

(3.) IN view of the above discussion, the petition is allowed and the respondents are directed to re-fix the salary of the husband of the petitioner in the pay scale of Rs.1640-2925 w.e.f. 1.1.1986 and pay the arrears alongwith interest @ 6% p.a. w.e.f. 1st October, 2003 i.e. 3 years prior to the filing of the petition before the learned Tribunal, on or before 31st October, 2011. It is also made clear that the pension and other retiral benefits payable to the petitioner on account of death of her husband shall also have to be refixed and all these amounts alongwith interest @ 6% p.a. be also paid on or before 31st October, 2011 failing which the respondents shall be liable to pay interest on the same @ 12% p.a. No costs.