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2012 DIGILAW 811 (HP)

Madan Lal v. State of Himachal Pradesh

2012-11-07

DHARAM CHAND CHAUDHARY, KURIAN JOSEPH

body2012
JUDGMENT Justice Kurian Joseph, C.J. (Oral) All the petitioners are para teachers appointed during the years 2003 to 2005 under the Para Teacher Policy. As per the said policy, teachers under the categories of C&V, TGT and Lecturer (School Cadre) were appointed by the Committee consisting of Chairman (SDM concerned), Principal/Headmaster concerned and subject matter expert. They were appointed for a period of one year on fixed honorarium. However, pursuant to various directions issued by the erstwhile Administrative Tribunal/this Court, those Para Teachers have been continuing as such. 2. While so on 7.4.2007, the government decided that the Para Teachers will be given the same emoluments as are being paid by the Government to the contract teachers, w.e.f. 1.4.2007. For the purpose of easy reference, we may extract the Government order dated 7.4.2007:-II .... I am directed to state that the matter regarding bringing Para Teachers working in the elementary and Higher Education Directorates at par with Contract Teachers in the matter of emoluments was engaging the attention of the Government for some time. 2. Now after consideration, it has been decided that the Para Teachers working in the Elementary or Higher Education Directorates be given the same emoluments as is being paid by the Government to the Contract Teacher (i.e. initial of the pay scale of the category concerned plus dearness pay @ 50% thereon). This will be effective w.e.f. 1st April, 2007. 3. This issues with the prior concurrence of the Finance Department obtained vide their No.Fin(c) B 7/2003 dated 4.4.2007.”In the matter of vacation salary, based on the judgment in Baldev Singh Vs. State of H.P., the Para Teachers have approached this Court and in various judgments, it has been held that they will also be entitled to vacation salary since they have been treated at par with the contract teachers. 4.In these cases, the petitioners have sought for the benefit of the decision of this Court in Nek Ram and others versus State of Himachal Pradesh and others in the matter of merger of 50% D.A. In some of the cases they have also sought for revision of the pay scale. 4.In these cases, the petitioners have sought for the benefit of the decision of this Court in Nek Ram and others versus State of Himachal Pradesh and others in the matter of merger of 50% D.A. In some of the cases they have also sought for revision of the pay scale. Once the Para Teachers are brought at par with contract teachers w.e.f. 1.4.2007, all the benefits extended to the contract teachers should be available to the Para Teachers w.e.f. 1.4.2007 in the case of merger of D.A. or in the case of revision of pay scale. 5.Therefore, these writ petitions re disposed of with a direction to the Director Higher Education to issue appropriate instruction, if not already issued, within a month from today, to see that the Para Teachers are paid same emoluments as are given to the contract teachers in the respective categories w.e.f. 1.4.2007. In any of these cases, the para teachers have not been paid the vacation salary, the eligible vacation salary shall also be paid to them within a period of three months from the date of production of a copy of this judgment by the petitioner concerned before the competent authority. 6.Pending applications, if any, shall also stand disposed of.