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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Sushil Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of petitioner's appointment. (Para 2 , 3 , 4 , 8 , 9) |
| 2. petitioner's claims for grant-in-aid. (Para 5) |
| 3. court's observations on service matter and limitation. (Para 7 , 10) |
| 4. legal reasoning on appointment and grant-in-aid obligations. (Para 11 , 13 , 14) |
| 5. final decision granting the petitioner his claims. (Para 15 , 16) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
By way of present petition, the petitioner has prayed for the following substantive reliefs:-
“i) Directing the respondent No 1 to 3 to release 95% grant-in-aid in respect of salary/allowances and other consequential benefits to respondent no.5 school, particularly in the case of the applicant.
ii) Directing the respondents to pay salary and other allowances to the applicant at parity with teachers, working in Government School Cadre Lecturer from the due date i.e. 1-06-2002, till the applicant discharged his duties as lecturer (Economics) and the date of actual payment along with interest at the rate of 18 percent per annum and further directions be issued to the respondents to pay salary and allowances to the applicant in future at par with School Cadre Lecturer working in aided school.”
2. The fa
The court held that a teacher in a private aided school, whose services were taken over by the state, is entitled to grant-in-aid for salary with payments limited to three years prior to filing due t....
Termination of PTA teacher's engagement without show cause notice, defying prior grant-in-aid directions, is arbitrary, violates natural justice and Article 14; mandates quashing and retrospective re....
PTA-appointed Assistant Professor from reserved category meeting relaxed 50% Master's marks and eligibility test criteria entitled to Grant-in-Aid salary from appointment date; denial despite parity ....
Eligible PTA college teachers entitled to grant-in-aid salary despite NET/SLET lack post-dispensation; discriminatory denial while granting others violates Articles 14,16; rules persist without repea....
Employees of recognized aided schools entitled to grant-in-aid on parity with similarly situated teachers granted aid despite procedural irregularities or excess sanctioned strength, to uphold equali....
Claims for salary arrears are subject to delay and laches, while continuing wrongs may allow for relief despite delay, provided they do not unsettle settled rights.
A teacher's claim for salary during unauthorized absence must consider prior court rulings confirming her appointment rights.
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