BHAGIRATH THAKUR Vs. STATE OF H P & OTHERS
LAWS(HPH)-2020-9-27
HIGH COURT OF HIMACHAL PRADESH
Decided on September 14,2020

Bhagirath Thakur Appellant
VERSUS
State Of H P And Others Respondents


Referred Judgements :-

STATE OF PUNJAB VS. RAFIQ MASIH [REFERRED TO]


JUDGEMENT

- (1.)Petitioners, who were serving as Para Teachers at relevant point of time, have approached this Court against the proposed recovery of Rs. 24,215/-, Rs. 24,215/- and Rs. 23,286/- respectively for alleged wrong payment thereof to them during the period 26.12.2003 to 31.12.2006, as vacation salary, like contract appointee teachers.
(2.)Petitioners along with others had approached this Court by filing CWP No. 4979 of 2011, titled Ram Murti and others Vs. State of H.P. and others, claiming their entitlement for salary during vacations. The said Writ Petition was decided by a Division Bench of this High Court vide judgment dated 30.6.2011 (Annexure P-1), by holding that claim of petitioners qua vacation salary was covered in their favour by decision of this High Court rendered in case Baldev Singh Vs. State of H.P. and others, judgment wherein has become final and accordingly respondents-State was directed to release the due and admissible vacation salary to the petitioners, in case the same had not been granted at the time of passing the order, within four weeks from the date of production of copy of judgment along with copy of Writ Petition and the copy of judgment in Baldev Singh's case, with further direction that if the amounts were not disbursed as above, the petitioners would be entitled to interest @ 10% per annum and the erring officers would be personally liable for the same.
(3.)In compliance of the aforesaid decision of this Court, a communication dated 7.10.2011 (Annexure P-2) was issued by the Finance Department of Government of Himachal Pradesh to all District Treasury Officers/Treasury Officers regarding grant of salary of vacation period to contract/paa teachers, which reads as under:-
"I am directed to say on the subject cited above that clarification regarding disbursement of salary of vacation period to contract/para teachers was being sought by various District Treasuries/Treasuries. Accordingly, the matter was sent for further clarification by this department on departmental file to Education Department. Education Department has clarified that:-

"Hon'ble Court has directed that the eligible vacation salary will have to be paid during the period of their whole service as contract/para teachers" vide order dated 6.7.2011 (copy enclosed).

You are, therefore, directed to take further necessary action on the bills of vacation period of contract/para teachers as per Hon'ble High Court order dated 6.7.2011."

4. In sequel to aforesaid decision of the High Court and instructions issued by the Finance Department, vacation salary, for entire service of petitioners as para teachers, was released to them.

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