Himachal Pradesh High Court
CWP/11771/2011 on 30 December 2012
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 11771 of 2011-H
Date of Decision 30th December, 2011
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1. Shri Ravinder Kumar, son of Sh. Rajmal, resident of village Satbani, P.O. Pukhari, Tehsil and District Chamba (HP) presently working as DM on contract basis (Para) at Government High School, Bonderi, Tehsil and District Chamba HP
2. Ms. Versha Sharma, wife of Sh. Ravinder Kumar Sharma, r/o village and P.O. Abdulapur, Tehsil Mukerian, District Hoshiarpur (Pb.) presently working as DM on contract basis (Para) at Government High School, Thalli, Tehsil Churah, District Chamba HP.
3. Sh. Mehtab Ali, son of Sh. Sharif Mohamad, r/o village and P.O. Khushmajri, Tehsil Churah, District Chamba (HP) presently working as DM on contract basis (Para) Government Senior Secondary School, Bairagarh, Tehsil Churah, District Chamba (HP)
….Petitioners Versus
1. State of Himachal Pradesh through its Principal Secretary (Education) to the Government of Himachal Pradesh, Shimla-171002.
2. Director of Elementary Education, Himachal Pradesh, Shimla-171001
3. Headmaster, Government High School, Bonderi, Tehsil and District Chamba HP)
4. Headmaster, Government High School, Thalli, Tehsil Churah, District Chamba (HP)
5. Principal, Government Senior Secondary School, Bairagarh, Tehsil Churah, District Chamba HP.
….Respondents
Civil Writ Petition under Article 226 of the Constitution of India. ________________________________________________________
Coram
The Hon’ble Mr. Justice R.B. Misra, J. The Hon’ble Mr. Justice Dev Darshan Sud, J.
Whether approved for reporting?1 ________________________________________________________ For the Petitioners: Mr. Onkar Jairath, Advocate.
For the Respondents: Mr. R.K. Sharma, Sr. Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General. __________________________________________________________________
Justice R.B. Misra, J. (oral)
The petitioners are aggrieved since they are not paid the vacation salary and other benefits as is paid to the contract teachers. In the judgment dated 21.10.2010 in CWP No. 2880 of 2010, titled as Dhananjay Saini vs. State of H.P. and others and connected cases, this Court has held that para teachers are entitled to all the emoluments as are paid to contract teachers, because as per the Government policy, they are to be treated similarly for all purposes. Therefore, the writ petition is disposed of directing the respondents to pay the eligible vacation salary, during the entire service period to the petitioners in case the same has not been granted so far in view of the judgment of this Court in Baldev Singh Vs. State of H.P. & others, which has become final, within a period of four months from the date of production of a copy of this judgment along with a copy of the 1 Whether Reporters of Local Papers may be allowed to see the judgment?
writ petition and copy of the judgment, referred to above. If the amounts are not disbursed as above, the petitioners will be entitled to interest @ 10% and the officers responsible for the delay shall be personally liable for the same.
2. The writ petition is disposed of, so also the pending applications, if any.
(R.B. Misra)
Judge.
December 30 2011
(Dev Darshan Sud), ms
Judge