Madhu Soodan and Naresh Kumari vs State of HP and Others

Justice Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayer:- (i) That the respondents may very kindly be directed to grant the revised pay scales with effect from the due dates, i.e. 1996 and 2006, to the petitioners, by issuing writ of mandamus.

(ii) That the respondents may kindly be directed to count the contract period of services rendered by the petitioners for grant of increment, seniority and pensionary benefits, by issuing writ of mandamus.

The issue regarding the revised pay scale is the subject matter of LPA No. 105 of 2010. The writ petition is disposed of making it clear that appropriate action in the case of the petitioners shall also be taken in accordance with the decision of LPA No. 105 of 2010, subject to its finality, within another two months.

Secondly, the petitioners claim the benefit of increments and seniority during the contractual period of service rendered by them and also count the said period for the purpose of pension. According to the petitioners, the issue is covered in their favour by the judgment of this Court dated 16.12.2010 rendered in CWP No. 4550 of 2010 titled as Ravi Kumar vs. State of H.P. & another and other connected matters. In that case, the Court has only granted liberty to contract teachers to make representation to the Government for counting the service during the contract period also as qualifying service. Similarly, the petitioners herein also are free to file such representation before the Government and the Government may pass appropriate orders in the matter, in accordance with law, within a period of four months. Pending application, if any, also stands disposed of.