Himachal Pradesh High Court

WRIT PETITION 11555 of 2011 on 29 December 2011

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IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA.

CWP No. 11555 of 2011-FDecided on: 29.12.2011

Dharam Singh, S/o Sh. Roop Singh, R/o Village & Post Office Kharwar, Tehsil Bhoranj, District Hamirpur (HP) presently posted as PET in Govt. Middle School, Bihar under Complex Government Senior Secondary School, Mahal, District Hamirpur (HP)

....Petitioner

Versus

1. State of Himachal Pradesh through its Secretary (Education), Government of H.P. Shimla-171 002(Education), Government of H.P. Shimla-171 002

2. The Director of Elementary Education, Himachal Pradesh, Shimla.Shimla.

5. Deputy Director of Elementary Education Shimla (HP)

....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

For the respondents

Justice Kurian Joseph, C.J. (Oral)

The writ petition is filed mainly with the following prayer:

“i) That the respondents may very kindly be directed to give the benefits of the services rendered on tenure basis on the psot of Physical Education Teacher with all consequential benefits.directed to give the benefits of the services rendered on tenure basis on the psot of Physical Education Teacher with all consequential benefits.

ii) That the respondents may also kindly be directed to pay the interest to the present petitioners @ 9% on the financial benefits which are due and admissible.”directed to pay the interest to the present petitioners @ 9% on the financial benefits which are due and admissible.”

2. The petitioner claims the benefit of increments during the tenure period of service rendered by him and also count the said period for the purpose of seniority, pension and all consequential benefits. 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. It is for the respondents to examine the matter. Therefore, the writ petition is disposed of directing the respondent concerned to examine the matter in the light of the judgment referred to above and consequential benefits shall be disbursed to the petitioner within a period of four months from the date of the production of a copy of this judgment along with a copy of the writ petition and a copy of the judgment, referred to above.

2. The writ petition is disposed of, so also the pending application(s), if any.

(Justice Kurian Joseph),Chief Justice.

December 29, 2011( ms/hl)

(Justice Dev Dasrshan Sud), Judge.

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