SHIV OM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has prayed a direction against the Respondents to implement the terms of appointment of the Petitioner relating to his pay in the pay scale of Rs. 5480 -8925 (Rs. 5480 fixed) as spelt out in office order dated 12.6.1998 Annexure PA with other allowances as admissible under the rules from time to time. A prayer has also been made to grant the Petitioner arrears of pay while placing him in the revised pay scale of Rs. 5480 -8925 (Rs. 5480 fixed) alongwith allowances granted to similarly situate Trained Graduate Teachers from time to time. The Petitioner has also prayed for other connected benefits of the service.

(2.) THE facts in brief are that Petitioner was appointed on contract basis as Trained Graduate Teacher in the scale of Rs. 5480 -8925 vide letter dated 12.6. 1998 in Govt. High School, Kataula, District Mandi. The Petitioner was allowed basic pay of Rs. 5480 (fixed) plus dearness allowance as admissible under the rules from time to time with effect from the date of joining till 28.2.1999 or joining of a regular hand.

(3.) THE District Education Officer, Mandi on 6.12.1999 had written to all the Heads of Government Senior Secondary Schools/Government High Schools in Mandi District saying that the Government employees appointed on contract/whole time basis whose pay scale(s) had not been revised should be allowed dearness allowance. The applicant as per appointment letter dated 12.6.1998 is entitled to the pay scale of Rs. 5480 -8925 (fixed Rs. 5480) but he is being paid salary in the pre -revised scale of Rs. 1650 -2925 plus dearness allowance at an arbitrary rate and not in consonance with the rates as mentioned in the letter dated 6.12.1999. The Petitioner is not being paid House Rent and City Compensatory Allowance as per Clause 7 of the agreement dated 17.6.1998.