Himachal Pradesh High Court
Ms. Kanta Sharma vs . State Of H.P. & Ors. on 12 September, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
Ms. Kanta Sharma vs. State of H.P. & ors.
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CWP No. 1924/202212.9.2022 Present: Mr. C. N. Singh, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Mr. Bhupinder Thakur, Dy.A.G. and Mr. Rajat Chauhan, Law Officer for the respondents- State.
The instant petition has been filed for grant of the following substantive reliefs:
"i) issue a writ of Certiorari, Mandamus or other appropriate writ, Order, directions as this Hon'ble Court deems fit directing the Respondents to consider the case of the Petitioner for the grant of equal pay for equal wages/regular pay scales, allowances, increments on the post of Instructor, promotion avenues in the School/Home for Blind Children Balkunj Dhalli, Shimla-12 w.e.f.
05.03.1981 in parity with the regular scales allowances service benefits etc in the Respondent State run School/Home for Blind with all consequential benefits.
ii) Accordingly Issue a writ of Certiorari, Mandamus or other appropriate writ ,Order, directions as this Hon'ble Court deems fit directing Respondents to re-fix the pay of the Petitioner on the post of Instructor in the School/Home for Blind Children Balkunj Dhalli Shimla-12. w.e.f. 05.03.1981 till her superannuation 29.02.2016 for all intents and purposes, service pensionary benefits in a time bound manner.
iii) Issue a writ of Certiorari, Mandamus or other appropriate writ Order ,directions as this Hon'ble Court deems fit directing the Respondents to pay service benefits, pay perks allowances etc for the work i.e. Principle performed by the Petitioner i.e. Principal School/Home for Visually Challenged Children, Dhalli, Shimla H.P. w.e.f. 07.07.2010 up to 29.02.2016, has been denied (for 5 years 7 Months and 22 days) till her superannuation in terms of ::: Downloaded on - 12/09/2022 20:07:08 :::CIS rules regulation and in terms of principles of equal pay for .
equal work.
iv) Accordingly Issue a writ of Certiorari, Mandamus or other appropriate writ, Order directions as Court deems fit this Hon'ble directing the Respondents to pay the Petitioner, the arrears/ difference (salary etc for the post of Instructor in the School/Home for Blind Children Balkunj Dhalli, Shimla-12 w.e.f. 05.03.1981 till date as per the revised regular scales from time to time, with interest @ 12 percent p.a. within a time bound manner.
v) Issue a writ of Certiorari, Mandamus or other appropriate writ, Order directions as this Hon'ble Court deems fit directing the Respondents accordingly to release the service benefits i.e. gratuity, leave encashment, pensionary benefits etc. up to date within a time bound manner."
2 We are not at all satisfied with the reply filed on behalf of respondents No. 1 and 2 as it reflects complete insensitivity to the issue in question.
3 Here is a teacher, who has devoted and spent her entire life in educating the visually challenged children at School/Home for Blind Children, Balkunj, Dhalli, and is being denied legitimate dues only on the ground that she was employed not under the State Government, but by an NGO.
4 The respondents probably have been oblivious to the fact that so-called NGO i.e. H.P. State Council for Child Welfare Craig Garden, Shimla-2, is none other than an NGO created by the government itself, which is fully owned and controlled by the Government of Himachal Pradesh.
5 That apart, there has to be an adequate amount of compassion while dealing with cases of the instant types where ::: Downloaded on - 12/09/2022 20:07:08 :::CIS the people, like the petitioner, have devoted and spent their .
entire life in the service of most disadvantage class i.e. visually challenged children.
6 There would be hardly a handful people in the State, those would be claiming such kind of benefits as in the instant case. Therefore, in the given circumstances, we direct respondent No.1 to personally look into the matter and deal with the case of the petitioner from a human angle and not on technical issues so to ensure that legitimate claim of the petitioner and similarly situated persons is not denied. Let this exercise be completed within a period of six weeks from today.
7 We have no doubt in our mind that respondent No.1, while examining the matter, shall take into consideration the judgments rendered on the subject, more particularly, recent judgment rendered by Three-Judge Bench of the Hon'ble Supreme Court in Rajesh Kumar Pandey & ors. Vs. Union of India & ors., 2021 (3) SCALE 199, and the directions contained in para 57 thereof, which read as under:-
A. The Central Government must forthwith notify the norms and standards of pupilteacher ratio for special schools and also separate norms for special teachers who alone can impart education and training to CwSN in the general schools; and until such time, as a stopgap arrangement adopt the recommendations made by the State Commissioner, NCT of Delhi in the case of Ms. Reshma Parveen reproduced in paragraph 51 above; B. To create commensurate permanent posts as per the just ratio to be specified by the competent authority for the rehabilitation professionals/special teachers who can cater to the needs of CwSN;::: Downloaded on - 12/09/2022 20:07:08 :::CIS
To initiate appointment process to fill-in vacancies for the posts so created for rehabilitation professionals/special .
teachers for being appointed on regular basis. The same shall be completed within six months from the date of this order or before the commencement of academic year 2022- 2023, whichever is earlier;
D. To overcome the shortage of resource persons (rehabilitation professionals/special trained teachers), the training schools/institutions must take steps to augment the number whilst ensuring that the norms and standards specified under the governing laws and regulations including that of the Council for grant of recognition and registration are fulfilled;
E. Until sufficient number of special teachers becomes available for general schools and special schools, the services of special trained teachers can be availed as itinerant teachers as per the SSS within the school block (cluster schools) to optimize the resource persons and as a stopgap arrangement;
F. The other teachers and staff in the general schools be given compulsory training and sensitized to handle the CwSN in the general schools, if admitted; and G. The authorities may also explore the possibility of merging unviable special schools with relatively viable special schools in the neighbourhood, so as to entail in consolidation of assets and resources for better delivery to the requirements of CwSN.
8 These directions otherwise have been made applicable to the entire country as is evident from para 8 of the judgment, which reads as under:-
8. The Court had granted time to the respondent-State(s) to take corrective measures. When the matter was notified on 4.4.2019, it was reported that substantial measures have been taken in terms of the Scheme of Integrated Education for the Disabled Children 1992. The order reads thus:::: Downloaded on - 12/09/2022 20:07:08 :::CIS
"We have perused the affidavit dated 01.04.2019 filed by the Chief Secretary, State of Uttar Pradesh in pursuance to .
our order dated 07.03.2019.
We are happy to note that, effective measures have been provided for as indicated in the Scheme of Integrated Education for the Disabled Children 1992 and the plan for implementation thereof.
We have no difficulty in giving two months' time to the State Government to comply with the assurance given to the Court on affidavit. However, we expect the Chairman of the nodal Committee to submit periodical report to this Court on monthly basis.
List the matters on 10th July, 2019.
We are conscious of the fact that some of the timelines transcend beyond two months but we deem it appropriate to list the matters on 10th July, 2019 as the progress already done can be reviewed and appropriate directions be given, if required."
9 For compliance, list on 7.11.2022.
(Tarlok Singh Chauhan) Judge (Virender Singh) Judge 12.9.2022 (pankaj) ::: Downloaded on - 12/09/2022 20:07:08 :::CIS .
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