Rakesh Chand and Others vs State of Himachal Pradesh and Others

Kurian Joseph, C.J.—The Petitioners have mainly two grievances; (i) vacation salary, (ii) counting of contract service till regularization for the purpose of pension. As far as the vacation salary is concerned, it is covered in favour of the Petitioners by the judgment of this Court in Baldev Singh and others v. State of H.P. and Ors. CWP No. 415 of 2000, decided on 1st September, 2008. Therefore, the eligible vacation salary for the period, the Petitioners have worked as contract teachers, shall be disbursed to them, within a period of four months from the date of production of a copy of this judgment alongiwth a copy of the writ petition by the Petitioners before the competent authority and if not, they shall be entitled to interest at the rate of 10% and the officers responsible for delay, shall be personally liable for the same.

As far as the second relief is concerned, this Court has already held in CWP No. 4550 of 2010 titled as Ravi Kumar v. State of H.P. & Anr. and other connected matters, decided on 16.12.2010 that the contract service shall not be counted for the purpose of increments and pension. However, the liberty has been granted to the teachers, if they so decide, to approach the government. Therefore, in view of that aspect, the same liberty is granted to the Petitioners.

The writ petition is disposed of, so also the pending.