LAWS(HPH)-2015-11-90

KULDEEP SINGH AND ORS. Vs. STATE OF H.P. AND ORS.

Decided On November 03, 2015
Kuldeep Singh And Ors. Appellant
V/S
State Of H.P. And Ors. Respondents

JUDGEMENT

(1.) Writ petitioners, by the medium of instant writ petitions, have laid challenge to the order, dated 16th February, 2015, made by the Temple Officer, Office of Temple Naina Devi Ji, District Bilaspur, H.P., whereby recovery to the tune of Rs.22.41 lacs has been ordered to be effected from the petitioners. Since the facts, merits and law applicable are similar, therefore, all the writ petitions were heard together and are being disposed of by this common judgment.

(2.) Facts, necessary for the disposal of the present petitions, are enumerated thus. The petitioners are working as teachers in various disciplines in Shri Shakti Senior Secondary School, being managed by the Temple Trust of Shri Naina Devi Ji, Bilaspur, H.P. It is averred that in the year 1989, 144 privately managed government aided schools, including Shri Shakti Senior Secondary School, had filed writ petitions before this Court, being CWP Nos.418 of 1989 and 414 of 1989, praying salary to its teachers at par with the teachers working in the government schools, came to be granted vide judgment and order, dated 9th September, 1992, with the command that the said teachers were entitled to salary and emoluments at par with the teachers in government schools w.e.f. 13th February, 1989, with further command that the Government of Himachal Pradesh and the Management have to satisfy the same in the ratio of 95 : 5, respectively.

(3.) The State Government, feeling aggrieved, challenged the said decision of this Court before the Apex Court and the Apex Court upheld the said judgment, but modified to the extent that the amount was to be paid w.e.f. 1st April, 1993, instead of 13th February, 1989.