Himachal Pradesh High Court
Dhananjay Saini vs State Of H.P on 8 May, 2018
Bench: Dharam Chand Chaudhary, Vivek Singh Thakur
CWP No. 3050 of 2016 08.05.2018 Present: Mr. Narinder Guleria, Additional Advocate General, .
with Mr. Kunal Thakur, Deputy Advocate General, for the petitioners.
Mr. Tenzen Tashi Negi, Advocate, vice Mr. Onkar Jairath, Advocate, for respondents No. 1 to 4.
CWP No. 3050 of 2016 & CMP No. 10909 of 2017 Power of attorney on behalf of respondents No. 1 to 4 be filed within two weeks.
rOn having heard this matter for some time, the grouse of the petitionersState, in a nut shell, seems to be that the benefit of vacation salary availed by the respondents was not available to them being Para Teachers, as in view of the judgment of this Court passed in CWP No. 2880 of 2010, titled Dhananjay Saini versus State of H.P., they were only entitled to the emoluments, i.e. Pay Band plus Grade Pay, at par the teachers appointed on contractual basis alone. The averments in ground 'C' in the writ petition, however, reveal that this Court vide judgment, dated 7th November, 2012 passed in CWP No. 4954 of 2012, titled Madan Lal and others versus State, has extended the benefit of vacation salary to Para Teachers also and the writ petition was disposed of with a direction to respondentsState to ensure that Para Teachers are also paid the vacation salary w.e.f. 1 st April, 2007. Therefore, the benefit of circular, Annexure P2, to this writ petition perhaps is not ::: Downloaded on - 10/05/2018 23:08:32 :::HCHP : 2 : .
available to the petitionersState.
Learned Deputy Advocate General seeks time to have instructions in the matter. Allowed. List on 22nd May, 2018.
r to (Dharam Chand Chaudhary)
Judge
(Vivek Singh Thakur)
Judge
May 08, 2018
( rajni )
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