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Himachal Pradesh High Court · body

2011 DIGILAW 258 (HP)

Vijay Kumar v. State of Himachal Pradesh

2011-01-06

V.K.SHARMA

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JUDGMENT V.K. Sharma,J. Though the petition has been filed for grant of various reliefs yet at the time of hearing only the following relief set up vide para 7 (iii) is pressed for:- “7 (iii). That the salary of the applicant for the period of 25.6.2002 to 17.3.2003 may be released along with interest @ 18% per annum from the date it fell due till actual realization.” 2. In reply on behalf of the respondents, the following stand has been taken vide paras 6 (iii), (iv), (vi) and (vii):- “6 (iii). That in reply to this para it is submitted that services of all the staff working in the Erstwhile Private College, Nurpur was taken over by the Govt. from the date the college was taken over vide notification dated i.e. 25.6.2002. However, the applicant will be entitled for salary from the date he joined as Whether reporters of the local papers may be allowed to see the judgment? No. Lecturer in the respondent-Department. So far salary in question is concerned, the applicant shall be entitled for salary only from he joined in the department as Lecturer (School Lecturer). (iv). That in reply to contents of this para it is submitted that the services of the applicant have been taken over as Lecturer (School cadre) w.e.f. 25.6.2002 vide notification No. dated 18.12.2002 as the applicant did not fulfill the requisite academic qualification to be appointed as Lecturer (College Cadre). (vi) – (vii). That in reply to these paras it is submitted that the applicant will be not entitled for salary for this period on the principle of no work and no apy and he will be entitled for salary from the date he joined as School Lecturer. It is further submitted that the applicant does not fulfill the requisite qualification to be appointed as College Cadre Lecturer, therefore, his services cannot be taken over as Lecturer (College Cadre). The applicant is simply M.A. in Political Science and as per decision of the notification dated 25.8.1994, his services have been taken over as Lecturer (School cadre).” 3. On perusal of the notification dated 18.12.2002, Annexure A-2, it is manifest that ‘Erstwhile Arya Girls College, Nurpur’ was taken over by the Government w.e.f. 25.6.2002. The applicant is simply M.A. in Political Science and as per decision of the notification dated 25.8.1994, his services have been taken over as Lecturer (School cadre).” 3. On perusal of the notification dated 18.12.2002, Annexure A-2, it is manifest that ‘Erstwhile Arya Girls College, Nurpur’ was taken over by the Government w.e.f. 25.6.2002. The services of the petitioner, who was working as Lecturer (Political Science) in that College were also taken over vide office order dated 18.3.2003, Annexure A-3 w.e.f. 25.6.2002, though not in College cadre but in school cadre. The case of the petitioner is that though he was allocated for school cadre yet from 25.6.2002 to 10.3.2003, he in fact worked as Lecturer (Political Science) in the said College for which he has not been paid any salary. However, according to the respondents, the petitioner had not worked in the College during the said period and has rightly not been paid salary for that period. In order to rebut the contention raised on behalf of the respondents, the petitioner has brought on record three communications (1) dated 7.4.2003 addressed by the Principal, Government Arya Degree College, Nurpur to the Principal, Government Senior Secondary School, Sathana, inter-alia, amongst others, (2) dated 25.4.2003 sent by the Principal Government Senior Secondary School, Sathana to the Deputy Director, Education (Sec.), Kangra at Dharamshala and (3) dated 4.12.2004 from the Director Education, H.P. to the Principal Secretary (Education) to the Government of Himachal Pradesh, a perusal whereof would go to show that the petitioner had in fact worked as Lecturer in Government Arya Degree College, Nurpur from 25.6.2002 to 17.3.2003 and even the Director (Education), H.P. had requested the Principal Secretary (Education) to the Government of Himachal Pradesh to look into the matter and issue necessary directions with regard to payment of salary to the petitioner. 4. In view of the above, the petition is allowed with a direction to the respondents/competent authority to pay to the petitioner due and admissible salary for the period 25.6.2002 to 17.3.2003 when he had worked as Lecturer (Political Science) in Government Arya Degree College, Nurpur along with interest at the rate of 6% per annum within three months from the date of production of a copy of this judgment by the petitioner failing which higher interest at the rate of 12% per annum shall be payable. 5. 5. The petition stands disposed of in the above terms, so also pending application(s), if any.