Himachal Pradesh High Court

WRIT PETITION 11569 of 2011 on 29 December 2011

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IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA.

CWP No. 11569 of 2011-G Decided on: 29.12.2011

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1. Smt. Anjana, W/o Sh. Ashwani Kumari, R/o Village Dhanasher, P.O Sainj, Tehsil Sunni, District Shimla, H.P., presently posted as TGT (Non-Medical), at Government Senior Secondary School, Ghanahatti, Tehsil and District Shimla, H.P. Dhanasher, P.O Sainj, Tehsil Sunni, District Shimla, H.P., presently posted as TGT (Non-Medical), at Government Senior Secondary School, Ghanahatti, Tehsil and District Shimla, H.P.

2. Miss Karuna Sharma, D/o Shri Ram Sarup Sharma, R/o Sharma Niwas, Village Majyot, P.O. Totu, Tehsil and District Shimla, H.P. presently working as TGT (Non-Medical), in Government Middle Secondary School,Bhanuti, under Complex, Government SeniorSecondary School, Ghanahatti, Tehsil and District Shimla, H.P. Sharma Niwas, Village Majyot, P.O. Totu, Tehsil and District Shimla, H.P. presently working as TGT (Non-Medical), in Government Middle Secondary School,Bhanuti, under Complex, Government SeniorSecondary School, Ghanahatti, Tehsil and District Shimla, H.P.

....Petitioners

Versus

1. The State of Himachal Pradesh through Secretary (Education) to the Government of H.P. Shimla.(Education) to the Government of H.P. Shimla.

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

....Respondents

Civil Writ Petitions under Article 226 of the Constitution of India. 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 petitioners :Mr. B.N. Sharma, Advocate.

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. RameshThakur,Assistant Advocate General.General with Mr. Ankush Dass Sood, Additional Advocate General, Mr. J.K. Verma, Deputy Advocate General and Mr. RameshThakur,Assistant Advocate General.

Justice Kurian Joseph, C.J. (Oral)

This issue pertaining to vacation salary to contract teachers is squarely covered by the judgment of this Court Baldev Singh & others versus State of H.P. and others, CWP No. 415 of 2000, decided on 1[st] September, 2008 and the judgment has become final. Therefore, this writ petition is disposed of directing the respondents to release eligible vacation salary, during the entire service period to the petitioners in case the same has not been granted so far, 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 a copy of the judgment, referred to above, by the petitioners. 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 pending application(s), if any, also stands disposed of.

(Justice Kurian Joseph),Chief Justice.

December 29, 2011( ms/hl)

(Justice Dev Dasrshan Sud), Judge.

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