Himachal Pradesh High Court
CWP/10902/2011 on 29 December 2012
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
CWP No. 10902 of 2011-A
Decided on: 29.12.2011
Visheshwar Dutt, S/o late Sh. Lakshmi Chand, R/o Village Jawal via Chintpurni, Tehsil Amb, District Una, H.P. presently working as Shastri on regular basis in Government Middle School Kinnu, under Complex Government Senior Secondary School Bharwain, Tehsil Amb, District Una, H.P.
....Petitioner
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1. State of Himachal Pradesh through Secretary (Education) to the Government of Himachal Pradesh, Shimla-2.
2. The Director of Elementary Education, Himachal Pradesh, Shimla.
3. Principal, Government Senior Secondary School, Bharwain, Tehsil Amb, District Una, H.P. ....Respondents Civil Writ Petition under Article 226 of the Constitution of India.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, Judge. For the petitioner : M/s R.L. Chaudhary and Daleep Singh Kaith, Advocates. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General, Mr. J.K. Verma, Deputy Advocate General and Mr. Ramesh
Thakur,
Assistant Advocate General.
Justice Kurian Joseph, C.J. (Oral)
The writ petition is filed mainly with the following prayer: “(i) That writ in the nature of mandamus may kindly be directed to grant revised pay scale to the petitioner of the 1996 and also count the contractual service of the petitioner for grant of increment and pensionary benefits in the light of judgment rendered by this Hon'ble Court in C.W.P. No. 4550/2010 titled as Ravi Kumar Vs. State of H.P. since the petitiner has served the respondent department on contract basis for 7 years as J.B.T. and thereafter, by batch wise seniority, the petitioner has been given regular appointment as Shastri.”
2. The issue regarding the revised pay scale is the subject matter of LPA No. 105 of 2010. The writ petition is disposed of making it clear that appropriate action in the case of the petitioner shall also be taken in accordance with the decision of LPA No. 105 of 2010, subject to its finality, within another two months.
3. Secondly, the petitioner claims the benefit of increments during the tenure/contractual period of service rendered by him and also count the said period for the purpose of pension. According to the petitioner, the issue is covered in his favour by the judgment of this Court dated 16.12.2010 rendered in
CWP No. 4550 of 2010 titled as Ravi Kumar vs. State of H.P. & another and other connected matters. In that case, the Court has only granted liberty to contract teachers to make representation to the Government for counting the service during the contract period also as qualifying service. Similarly, the petitioner herein also is free to file such representation before the Government and the Government may pass appropriate orders in the matter, in accordance with law, within a period of four months.
4. Pending application, if any, also stands disposed of. (Justice Kurian Joseph),
Chief Justice.
December 29, 2011 (Justice Dev Dasrshan Sud), ( ms/hl) Judge.