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2010 Supreme(HP) 827

RAJIV SHARMA
Udham Singh Chaudhary – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates appeared:
For the petitioner:Mr. Rajnish Maniktala, Advocate. For the respondents:Mr. Rajinder Dogra. Addl. Advocate General for respondents No.1 and 2.

JUDGMENT

Rajiv Sharma, Judge.

Material facts necessary for the adjudication of this petition are that the petitioner was appointed as Lecturer in the subject of History on temporary basis with effect from 1.9.1986. He was regularized vide order dated 9.8.1990 with effect from 1.9.1986. Petitioner was superannuated vide Annexure A-1 dated 6.9.2005 with effect from 31.3.2005. Respondent No.5-College was taken over by the State Government vide notification dated 9.11.2005. The case of the petitioner, in a nutshell, is that as per rule 12 of Appendix-A, i.e. rule relating to Teachers of Non-Government Affiliated Colleges, he was to be permitted to work till the age of 60 years. According to him, he has attained the age of 60 years on 15.1.2006. His salary with effect from 1.4.2005 to 9.11.2005 has not been paid by the College nor he has been released the gratuity as per rule 12-A and he has also not been given the arrears of selection grade with effect from 27.7.1998 to 25.9.2002 despite order dated 25.9.2002. He has also not been given the benefit of leave encashment. Precise case of the respondent-State is that it was for the management of respondent No.5- College to redress the














































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