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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Neelam Rani [since Deceased] Through LRs – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition history and employment factual matrix. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contract teachers entitled to vacation salary. (Para 7) |
Judgment :
Ranjan Sharma, J.
Original petitioner-Neelam Rani [since deceased] now represented by her husband Sh. Rajinder Singh Rana and other legal heirs], filed a CWP No. 1205 of 2013 and upon establishment of State Administrative Tribunal, was transferred to Tribunal; and upon its abolition the same has now been re-transferred to this Court as CWPOA No. 2083 of 2019, seeking the following relief(s):
“(i). Issue a writ of mandamus directing the Respondent authority to grant the benefit of vacation salary for the period the present petitioner had worked as a JBT on contract.
(ii). Issue a writ of mandamus directing the respondent authorities to grant the benefit of revision of pay scales and revision of admissible allowances during the period the present petitioner had worked as a JBT on contract.
(iii). Issue a writ of mandamus directing the respondent authorities to grant the benefit of the contractual service rendered as a JBT for the purpose of pension, other benefits etc.”
FACTUAL MATRIX:
2. Grievance of the Original Petitio
Contractual service followed by regular teaching service counts as qualifying for pension under pension rules; legal heirs entitled to revised family pension upon option exercise and service integrat....
Discrimination against contractual employees violates Articles 14 and 16 of the Constitution when equal treatment is not provided in the application of benefits.
Uninterrupted contractual service followed by substantive regularization on same post counts as qualifying service for family pension under CCS (Pension) Rules Rules 2, 17, 54, entitling widow upon d....
Contractual service must be counted for both annual increments and pensionary benefits, as established by previous judgments and legal principles regarding equal treatment of similarly situated emplo....
The main legal point established in the judgment is the strict interpretation of the statutory provision under sub-rule (6) of Rule 18 of the OCS (Pension) Rules, 1992, and the court's direction for ....
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