MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) 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. 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: -

(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. This issues with the prior concurrence of the Finance Department obtained vide their No. Fin(c) B 7/2003 dated 4.4.2007.

(3.) THEREFORE , these writ petitions are 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. Pending applications, if any, shall also stand disposed of.