WRIT PETITION 11071 of 2011 on 28 December 1998

1. Smt. Anita Thakur, wife of late Sh. Ashwani Kumar, resident of village Ujhan, Post Office Didwin Tikker, Tehsil Barsar, Distt. Hamirpur H.P. village Ujhan, Post Office Didwin Tikker, Tehsil Barsar, Distt. Hamirpur H.P.

2. Mr. Aman Kumar, son of late Sh. Ashwani Kumar, resident of village Ujhan, P.O. Didwin Tikker, Tehsil Barsar, Distt. Hamirpur HP through his mother and natural guardian, petitioner No. 1 village Ujhan, P.O. Didwin Tikker, Tehsil Barsar, Distt. Hamirpur HP through his mother and natural guardian, petitioner No. 1

…..Petitioners

Versus

1. State of Himachal Pradesh through Principal Secretary Elementary Education to the Govt. of H.P. Shimla-2 H.P. Elementary Education to the Govt. of H.P. Shimla-2 H.P.

2. The Director of Elementary Education Govt. of H.P. Shimla H.P. 3. Deputy Director of Elementary Education, Mandi, Distt. Mandi H.P. 3. Deputy Director of Elementary Education, Mandi, Distt. Mandi H.P.

… Respondents.

Civil Writ Petition under Articles 226 and 227 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 Petitioners : Mr. B.S. Thakur, 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. Ramesh Thakur, Assistant Advocate General.

Justice Kurian Joseph, C.J. (oral)

The writ petition is filed by the petitioners being the legal heirs of deceased Ashwani Kumar with the following prayer:

“(a) Writ of Mandamus may kindly be issued thereby directing the respondents to release the salary of the predecessor of the petitioners for the vacation period of the contract tenure w.e.f. 28.12.1998 to 23.04.2005.”

2. It is submitted by the petitioners that the issue pertaining to vacation salary to contract teachers is squarely covered by the judgment of this Court rendered in Baldev Singh and 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 the 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 form the date of production of a copy of this judgment alongwith 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. 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 the 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 form the date of production of a copy of this judgment alongwith 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.

3. Pending applications, if any, also stand disposed of.

(Justice Kurian Joseph) Chief Justice.

December 29,2011 (ms/hl)

(Justice Dev Darshan Sud) Judge