Pal Singh Verma v. State of H.P & Ors.

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Advocate. Mr. Ajay Mohan Goel, For the respondents : General, Mr. R.K. Bawa, Advocate Verma, J.K. General for respondents No. 1 to 3. with Mr. Deputy Advocate Mr. M.A. Khan, Central Government Counsel for respondent No. 4. Justice Kurian Joseph, C.J. (oral): The writ petition is filed with the following prayers:

a) This Hon’ble Court may be pleased to issue a writ a Mandamus directing the respondent State to step up the pay of the petitioner i.e. to Pay Band 5 (Rs. 37400-67000 and Grade Pay of Rs. 8600) w.e.f. 1.1.2006 to bring the same at par with the pay being drawn by Indian Police Service Service officers (Sh K.K. Indoria and Sh. Himanshu Mishra) who are junior to the petitioner and have been promoted to Indian Police Pradesh Police Service after the petitioner and to pay to the petitioner arrears of salary w.e.f. 1.1.2006 with interest @ 9 percent from 1.1.2006 till the date of actual payment.

2

According to the petitioner, in view of the decision of the Apex Court in Union of India versus T.M. Somarajan and others reported in (2010) 1 SCC 129, he is entitled to succeed. It is seen that Annexure P6, representation, is pending.

Learned Deputy Advocate General submits that the State Government has taken up the matter with the Central Government for proper clarification. There will be a direction to the 4th respondent to furnish required clarification in the light of the decision referred to above within one month from the date of production of certified copy of this judgment by the petitioner. Thereafter the first respondent shall take action in the matter within another one month.