Ganga Ram vs State of H.P.

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

i) That the writ in the nature of the mandamus may kindly be issued, directing the respondents to extend the benefit of due and admissible merger of 50% Dearness Allowance with basic pay as per memorandum dated 10-6-2005 to the petitioners by further directing the respondents to pay the arrears with all consequential benefits to the petitioner with interest in view of the judgment titled as "Nek Ram vs. State of H.P." i.e. CWP(T) No. 14232/2008.

ii) That the writ of mandamus may kindly be issued to the respondents, directing the respondents to pay the vacation salary of the petitioner which is due to them.

As far as the issue No. 1 is concerned, according to the petitioners, the issue is covered in their favour by the judgment of this Court rendered in CWP (T) No. 14232 of 2008, titled as Nek Ram & others Versus State of H.P. and others, decided on 17.11.2009. If that be so, similar treatment shall also be extended to the petitioners herein, as extended to the petitioner in the above referred decision, in case the petitioners are also similarly situated.

As far as the issue pertaining to the vacation salary to the contract teachers is concerned, the same is squarely covered by the judgment of this Court rendered in CWP No. 415 of 2000, titled as Baldev Singh and others vs. State of Himachal Pradesh and others and the judgment has become final. Therefore, this writ petition is disposed of directing the respondents to release the due and admissible 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 the copy of the judgments, referred to above by the petitioner concerned. 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. The writ petition is disposed of, so also the pending applications, if any.