State vs. J.K.Mohindru
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Order Issued After Hearing
Purpose:
Admission Matters After Notice
Before:
Hon'ble Honourable Mr. Justice Dev Darshan Sud , Honourable Mr. Justice Dharam Chand Chaudhary
Listed On:
20 Nov 2013
Order Text
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
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LPA No.459 of 2012.
Date of Decision: 20th November, 2013
State of H.P. and others …. Appellants.
Versus
J.K. Mohindru ….Respondent.
Coram
The Hon'ble Mr. Justice Dev Darshan Sud, J. The Hon'ble Mr. Justice Dharam Chand Chaudhary, J.
Whether approved for reporting?1
| For the appellants: | Mr. B.S. Parmar and Mr. V.S. Chauhan,<br>Addl.<br>Advocate<br>Generals<br>with<br>Mr. Vikram Thakur, Advocate. |
|---|---|
| For the respondent: | Ms. Ranjana Parmar, Advocate. |
Dev Darshan Sud, J (Oral).
Heard.
- State challenges the judgment of leaned single Judge passed in CWP(T) No.16645 of 2008, directing that the pay of the respondent herein be stepped up. The operative portion of the judgment reads:
"Consequently present petition needs to be allowed. Respondents are directed to re-fix the pay of the petitioner in the cadre of Assistant Engineer by giving him benefit of stepping up visà-vis his juniors. Needful be positively done within a period of three months fro the date of receipt
1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes.
of certified copy of the judgment. All consequential action, including disbursement of monetary benefits, as may be found due, be also taken within the aforesaid period, failing which, then thereafter, petitioner shall be entitled to interest thereupon @ 9% per annum which shall personally be recovered from the erring official(s)."
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While passing the order (supra), request of the petitioner for grant of stepping up of his pay to his juniors, namely Handu Ram and Kirpal Singh Bedi, was allowed. The action for recovery of the amount initiated against Shri Handu Ram was quashed by this Court and so far as KIrpal Singh Bedi is concerned, he was regularized on the same date. This fact finds affirmed in the judgment supra.
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In these circumstances, we do not find any illegality in the order passed by the learned Single Judge. Appeal dismissed.
(Dev Darshan Sud), Judge
November 20, 2013. Judge (ss)
(Dharam Chand Chaudhary)
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