Himachal Pradesh High Court
CWP/8157/2010 on 28 December 2011
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
CWP Nos. 8157 & 8165 of 2010
Decided on: 28th December, 2010.
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1. CWP No. 8157 of 2010.
Mahender Kumar Vs. State of H.P. & ors.
2. CWP No. 8165 of 2010.
Usha Kumari
Vs. State of H.P. & anr.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge.
For the petitioners : M/s. Varun Thakur & P.P. Chauhan,
Advocates.
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 have two grievances, namely, (i) that they have not been granted the vacation salary and (2) that they have not been granted the increments.
2. They are contract employees. As far as the 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, the 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 amount with 10% High Court of H.P. 2010:HHC:12943-DB ::: Downloaded on - 05/11/2026 12:11:02 :::CIS
2 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
28th December, 2010
(Justice V.K. Ahuja),
(tilak/pankaj)
Judge. High Court of H.P. 2010:HHC:12943-DB ::: Downloaded on - 05/11/2026 12:11:02 :::CIS