ORDER :

Petitioner herein was appointed as Shastri in a Privately Managed Indira Gandhi Memorial Middle School, Amlehar, Tehsil Nadaun, District Hamirpur, Himachal Pradesh on 06.06.1985. Petitioner continued to discharge his duties in the capacity of Shastri in the aforesaid school without there being any interruption till the year 1990 when aforesaid school was taken over by the State Government. Since services of the petitioner were not taken over by the Government despite there being assurance and completion of all the necessary formalities, he was compelled to file Original Application No.1195 of 1991 in the erstwhile H.P. Administrate Tribunal, which came to be disposed of with the direction to the respondents to treat the original application as representation to the Secretary (Education) to the Government of Himachal Pradesh with further direction to him to consider the same in the light of judgments passed by learned Tribunal below in TA No.876/86 (Sushil Kumar Kaushal Vs. State), TA No.875/86 (Smt. Maya Devi vs. State), OA No.175/88 (Sarwan Kumar vs. State) and OA No.160/90 (Surinder Kumar Vs. State) after affording an opportunity of being heard to the petitioner. Pursuant to aforesaid direction issued by learned Tribunal, respondent-Department treated the Original Application having been filed by the petitioner as representation and rejected the same by concluding in the order that as per the condition of the gift deed, Government was not bound to take over the services of the staff of the school. Respondents in order rejecting the representation observed that it was specifically mentioned in the gift deed that only the services of those staff will be considered for taking over by the State Government, who are found eligible under the instructions circulated in the month of June, 1985.

2. Being aggrieved and dissatisfied with the aforesaid order rejecting representation, petitioner approached this Court by way of CWP(T) No.5 of 2012, praying therein for following reliefs:-

“(i) That the respondents be directed to take over the services of the applicant.

(ii) That the respondent be directed to pay to the applicant all the consequential benefits, such as pay etc.

(iii) That the respondent be directed to pay the interest of 18% p.a.”

3. This Court vide judgment dated 12th October 2012 (Annexure P-1) allowed the writ petition and quashed order rejecting representation and directed the respondent-State to appoint the petitioner as Shastri w.e.f.27.8.1990 i.e. from the date when Indira Gandhi Memorial Middle School, Amlehar, District Hamirpur was taken over, with all consequential benefits.

4. Though, pursuant to aforesaid directions issued by this Court vide judgment dated 12th October, 2012, respondents appointed the petitioner as Shastri teacher on regular basis in the pay scale of Rs.1500-2700 w.e.f.27.8.90, 5000-8100 w.e.f.01.01.96 and 10300-34800 +3200 Grade Pay w.e.f.01.01.2006 w.e.f.27.08.1990, the date when Indira Gandhi Memorial Middle School Amlehar, District Hamirpur was taken over but since petitioner despite being his regular appointment made pursuant to order dated 21.9.2015 (Annexure P-2) was not given the pay scale as was given to the persons appointed on regular basis, he filed Original application bearing No.7779 of 2018, titled Madan Lal Sharma versus State of Himachal Pradesh and another, which came to be disposed of vide judgment dated 10.01.2019 (Annexure P-3). Aforesaid Original Application came to be disposed of with the direction to the respondents/competent authority to extend the benefit of the judgment passed by this Court in CWP (T) No.5759 of 2008, titled Subhash Chand and another versus State of Himachal Pradesh and others, decided on 5.7.2010. Tribunal below while passing aforesaid judgment specifically ordered that in case petitioner is found to be similarly situate, he be given benefit to the aforesaid judgment within a period of two months.

5. Pursuant to aforesaid judgment, petitioner filed re