IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Dharam Pal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioner [Dharam Pal], a Junior Basic Teacher [now Shastri] has come up before this Court seeking following relief(s):-
“(i). That the respondents be directed to provide the pay scale of 4550-7220 to the applicant w.e.f. February, 1998 or from the date same became due to the applicant.
(ii). That the respondents may very kindly be directed to pay the penal interest @ 9% to the present applicant on the appears which are due to be paid to the present applicant w.e.f. February, 1998 or from the date same became due to the applicant.
(iii). That the respondents may very kindly be directed to pay the salary for the vacation period to the applicant from the date of his joining the
FACTUAL MATRIX:
2. Precisely the case is that the petitioner served as JBT on contract basis from November 1999 till July 2002, before his appointment as Shastri Teacher on 15.07.2002 where he is continuing as such. Claim of the petitioner is two-fold i.e. firstly, that petitioner may be granted pay as JBT during his contractual period from November 1999 till July 2002 at minimum/initial of pay at Rs.4,550/- plus allowances in pay scale of Rs.4500-7220, in terms of the judgement in CWP(T
Discrimination against contractual employees violates Articles 14 and 16 of the Constitution when equal treatment is not provided in the application of benefits.
Entitlement to pay scale under the Himachal Pradesh Civil Services (Revised Pay) Rules and the application of previous judgments in determining entitlement to the revised pay scale.
Equal pay for equal work is mandated, and entitlements under identical circumstances must be uniformly applied, per Article 14, with financial benefits limited to three years prior to petition filing....
The denial of arrears of Dearness Allowance to contractual teachers performing equal duties as regular teachers violates Articles 14 and 16 of the Constitution, asserting the principle of equal pay f....
The court reinforced that contractual lecturers cannot claim equal pay as ad-hoc or regular professors due to foundational differences in recruitment, duties, and pay structure, thus affirming the pr....
The court established that primary teachers in municipal schools are entitled to the same higher pay-scale as those in district schools, emphasizing equality in pay for equal work.
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