Desh Raj vs State of Himachal Pradesh and Others

Justice Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayers:-

I. Issue of writ of mandamus or other writ, order or direction directing the respondents to pay the salary for the vacation period to the petitioner for which the persons appointed on contract basis have been held entitled as per judgment dated 01-09-2008 passed in CWP No 415 of 2000 titled as ''Baldev Singh v. State of Himachal Pradesh and judgment dated 16.06.2011 passed in CWP No. 5006 of 2009 titled Mrs. Ritu Sharma v. State of Himachal Pradesh and others in the pay scale of the post, granted and revised at relevant point of time.

II. Issue of writ of mandamus to the respondents to pay appropriate Dearness allowance including merger thereof on the pay scale of the post, granted and revised at relevant point of time in terms of the judgment dated 17.11.2009 passed in CWP(T) No. 14232 of 2008 titled as Nek Ram v. State of Himachal Pradesh, judgment dated 30.11.2010 passed in CWP(T) No. 6037 of 2008 titled as HP Rajkiya Prathmik Anubandh Adayapak Sangh v.State of Himachal Pradesh and judgment dated 31-08-2011 passed in CWP(T) No. 1535/2009 titled as Kamal Singh v. State.

The first issue pertaining to vacation salary to contract teachers is squarely covered by the judgment of this Court rendered in Baldev Singh and others v. State of H.P. and others, CWP No. 415 of 2000, decided on 1st September, 2008 and the judgment has become final. There will be a direction to the respondents to release eligible vacation salary, during the entire service period, to the petitioner in case the same has not been granted so far, within a period of two months from the date of production of a copy of this judgment along with copy of the writ petition and a copy of the judgment, referred to above by the petitioner. If the amounts are not disbursed, as above, the petitioner will be entitled to interest @ 10% and the officers responsible for the delay shall be personally liable for the same.

So far as the second grievance is concerned, the petitioner has submitted that he is similarly situated as the petitioners in the decisions rendered by this Court in CWP (T) No. 14232 of 2008, titled as Nek Ram and others v. State of Himachal Pradesh and others, decided on 17.11.2009. The petitioner submits that he would file an appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for him to do so. As and when the same is made, the second respondent/competent authority will look into the matter, verify the facts and pass appropriate orders thereon within a period of two months from the date of the production of copy of this judgment along with copy of the writ petition and the copy of the judgment, referred to above.

As far as the case of the petitioner for the grant of revised pay scale is concerned, the same be considered within a further period of two months after the decision rendered by this Court in LPA No. 5 of 2011.

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