RAJESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petition has been filed on the following substantive prayers vide Paragraph 7(i), (ii) and (in): 7

(2.) IN reply, Respondents have taken the following stand vide para 6(iv) on merits: 6(iv) Admitted to the extent that the applicant passed the second language test on 15.07.1999. However the annual increments of Shri Rajesh kumar steno typist had been stopped by this Department as the applicant fails to second language test within stipulated period as mentioned in para (iii) as above. The applicant also submitted an application through the SP Enf. N/Z D/Shala received in this office vide letter No. 3043 dated 08.08.2000 requesting there in that his annual increments may be granted w.e.f. 23.04.87 (i.e. the date of his appointment) in accordance with H.P. Govt. notification No. Per(AP -C)A(3)1/97 dated 07.07.2000. Accordingly the office of replying Respondent sent his case to Vigilance Deptt. where he was posted earlier to his posting in the Enforcement Department for fixation of his pay. The North Range D/shala of Vigilance Department fixed his pay vide order No. 3916 -19 dated 26.07.01 up to 01.04.1993. The further fixation has been made by this Department vide order No. 1239 -40 dated 18.02.2002. As such there was no question to issue him show -cause notice etc. as his pay was fixed at his own request.

(3.) IN view of the above, if on facts, the case of the Petitioner is covered under the judgment referred to hereinabove, in CWP (T) No. 7390 of 2008, and he is similarly situate, he shall also be treated similarly without any discrimination and the benefit of the said judgment shall be extended to him alongwith consequential benefits, if any, within three months from the date of production of copies of this judgment and the judgment referred to hereinabove by the Petitioner, after affording an opportunity of being heard, if so desired.