LAWS(HPH)-2011-3-111

SHESH RAM Vs. F.C.CUM-SECRETARY

Decided On March 11, 2011
SHESH RAM Appellant
V/S
F.C.Cum -secretary (Pwd) Respondents

JUDGEMENT

(1.) THE learned vice counsel appearing on behalf of the Petitioners submits at the very outset that the case of the Petitioners is covered under order dated 2.7.2003, of the erstwhile H.P. State Administrative Tribunal in O.A No. 1687 of 2000, titled Shri Chet Ram and Ors. V. State of H.P. and another, a copy whereof has been brought on record as Annexure A -3, as upheld by a Division Bench of this Court vide judgment dated 17.11.2005, in CWP No. 171 of 2004, State of Himachal Pradesh and Anr. V. Chet Ram and Ors. reported as Latest HLJ 2006 (HP) 327, text whereof (the High Court judgment) is as under: This writ petition is directed against the order -judgment dated 2nd July, 2003 of the Himachal Pradesh Administrative Tribunal whereby the Original Application filed by the Respondents has been allowed and they have been held entitled to the pay scale of Rs. 400 -600 with effect from March 1, 1980 as revised from time to time. However, the Respondents have been held entitled t o arrears only from the period of filing of Original Application before the Administrative Tribunal.

(2.) IN view of the above, if on facts, the case of the Petitioners is covered under the aforesaid order dated 2.7.2003 (Annexure A -3), in O.A No. 1687 of 2000, as upheld by this Court vide judgment dated 17.11.2005, in CWP No. 171 of 2004 and they are similarly situate, they shall also be treated similarly without any discrimination and the benefit of the said order/judgment shall be extended to them, within three months from the date of production of copy of this judgment by the Petitioners, after affording an opportunity of being heard to them/their duly authorized representative, if so desired. Needless to say that consequential benefits, if any, would follow.