Kamlesh Sharma vs State of H.P. and Others

Kurian Joseph, C.J.—In this petition, the petitioner has raised two contentions; (1) she is entitled for vacation salary and (2) she is also entitled for counting the service rendered by her on contract basis for the purpose of increments, pension etc. As far as the latter prayer is concerned, it is submitted that the petitioner may be permitted to file appropriate representation before the second respondent. As far as the first issue is concerned, this Court has already held in several judgments that it will be open to the petitioners to execute bonds in the event of the matter now pending before the Supreme Court is allowed, the petitioners will refund the amount granted to them with 10% interest. Therefore, this writ petition is disposed of as follows:

In the event of the petitioner executing bond to the effect that she will refund the amount with 10% interest in the event of the matter now pending before the Supreme Court against the judgment of this Court in the case of vacation salary is allowed, she would refund the amount of vacation salary with 10% interest, the vacation salary be disbursed to her within a period of three months from the date of execution of the bond by the petitioner.

As far as the grievance regarding the counting of service rendered during the contract period followed by regular service for the purpose of increments and pension is concerned, the petitioner may file appropriate representation before the first respondent, in which case, the matter will be duly considered by the first respondent within another four months.

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