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2013 DIGILAW 915 (HP)

HARISH KUMAR, PARKASH CHAND, SHER SINGH, HARI CHAND, Dorje Namgial v. STATE OF H. P.

2013-10-25

A.M.KHANWILKAR, V.K.SHARMA

body2013
JUDGEMENT A.M.KHANWILKAR, J. 1. CONSIDERING the opinion of the third Judge, all these petitions are disposed of on the following terms: Re: Nontribal areas. a) The relief claimed against the State Government to bear the liability of remuneration of the petitioners and similarly placed persons appointed on contract basis by the concerned SMCs in nontribal areas, is rejected. b) The SMCs in nontribal areas shall pay the remuneration to the teachers appointed by it on contract basis for the period they have worked regularly as per the terms specified in the contract. c) The State Government may consider of formulating a policy to compensate the SMCs in nontribal areas by providing commensurate grantinaid in respect of contract teachers appointed by it due to fortuitous situation. d) The State Authorities shall make inquiry on case to case basis against the respective SMCs in nontribal areas and take action, as may be warranted by law, including against the members of the SMC. Re: Tribal Areas: a) The assurance given by the State through the learned Advocate General that the contract teachers appointed by the SMCs in tribal areas will be paid remuneration as per the policy document, is accepted. The contract teachers appointed by the SMCs in tribal areas would be entitled to receive amount as specified in the policy document, dated 17th July, 2012. Re: Tribal and nontribal areas: a) The relief of continuing the petitioners beyond the contract period and until the appointment of regular teacher by following R and P Rules, is rejected. b) The relief claimed by the petitioners to give similar benefit as given to PTA and Vidya Upasaks, is rejected. c) The State shall ensure strict compliance of the provisions of the Right of Children to Free and Compulsory Education Act, 2009, more specifically, Sections, 25, 26 and 27 and the relevant Rules framed thereunder. 2. NEEDLESS to observe that interim relief in the respective cases, if any, shall stand vacated forthwith in view of the disposal of the writ petitions. All writ petitions are disposed of on the above terms.