Himachal Pradesh High Court

CWP/8553/2010 on 29 December 2011

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IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA.

CWP Nos. 8553 & 8555 of 2010

Decided on: 29th December, 2010.

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1. CWP No. 8553 of 2010.

Babita Thakur Vs. State of H.P. & anr.

2. CWP No. 8555 of 2010.

Shashi Chaudhary Vs. State of H.P. & anr.

Coram

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge.

For the petitioners : Mr. P.P. Chauhan, Advocate.

For the Respondents : Mr. R.K. Bawa, Advocate General,

with Mr. J.K. Verma, Dy. Advocate

General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral)

The petitioners are aggrieved since their contract service as JBT is not counted for the purpose of increments and pension and that they have not been paid vacation salary.

2. As far as vacation salary is concerned, this Court has already issued several directions that depending on the final decision from the Apex Court in Baldev Singh and others vs. State of H.P. and others, Latest HLJ 2009 (HP) 293, vacation salary be given to the incumbents on their executing a bond to the effect that in case the decision in the Apex Court is against the employees, they would refund the High Court of H.P. 2010:HHC:13016-DB ::: Downloaded on - 05/11/2026 12:05:35 :::CIS

2 amount with 10% interest. There shall be a direction accordingly in the case of the petitioners also that on executing the bond, the vacation salary shall be disbursed to them within another two months.

3. As far as the counting of the contract period for the purpose of increments and pensionary benefits is concerned, it is for the petitioners to approach the Government by individual representation, in which case the matter will be duly considered by the State Government in the light of the decision of this Court dated 16th December, 2010 in CWP No. 4550 of 2010 titled as Ravi Kumar vs. State of H.P. and another within a period of four months from the date of production of a copy of this judgment along with a copy of the writ petition and copies of the judgments, referred to above, by the petitioner concerned.

4. The writ petitions are disposed of, so also the pending applications, if any.

Dasti copy.

(Justice Kurian Joseph),

Chief Justice

29th December, 2010

(Justice V.K. Sharma),

(VT/pankaj)

Judge. High Court of H.P. 2010:HHC:13016-DB ::: Downloaded on - 05/11/2026 12:05:35 :::CIS

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