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RANJAN SHARMA
Anil Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Rajan Kahol, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2. At the very outset, learned counsel for the petitioners, on instructions, submits that the facts and reliefs prayed for in all the writ petitions, referred to above, is similar and, therefore, all these four writ petitions, may be taken up for disposal, at this stage, together. The prayer being innocuous, is not opposed by the learned State Counsel is granted. Accordingly, with the consent of parties, all these writ petitions are taken up for disposal, at this stage, together, in the interests of justice.
3. In order to facilitate the adjudication of the controversy involved in these writ petitions, the facts from CWP No.9109 of 2023, titled as Anil Kumar and others Versus The State of Himachal Pradesh and others, are extracted, for ready reference and adjudication.
4. The petitioners, have come up before this Court, seeking the benefit of promotional increments, on promotion from JBT to Head Teacher, under Fundamental Rule 22(I) (a) (i) and the resultant higher pay fixation from the due date(s) till day, in all the above writ p
Point of Law : Employer shall not discriminate and divide homogeneous class of employee and deprive one of them by artificial device of a cut off date.
The court's decision was based on the interpretation of Fundamental Rule 22(1)(a)(1) and the application of the law laid down by the Hon’ble Apex Court in similar cases.
State employees are entitled to regular promotion and associated monetary benefits from the date of their initial charge on placement basis, where such benefits have been granted to similarly situate....
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