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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Latesh Kapoor – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitions clubbed to decide grant-in-aid restriction. (Para 1 , 2) |
| 2. evolution of grant-in-aid rules and amendments. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. petitioners denied pay band iv benefits post-freeze. (Para 9 , 10 , 11) |
| 4. respondents cite freeze, financial distress, burden shift. (Para 12 , 13) |
| 5. precedent affirms entitlement to government pay scales. (Para 14 , 15 , 16 , 17) |
| 6. state obligated for grants; college pays salaries. (Para 18 , 19 , 20 , 21) |
| 7. objections on delay, writ, notifications rejected. (Para 22 , 23 , 24) |
| 8. college to pay arrears; state aids if needed. (Para 25) |
Judgment :
Sandeep Sharma, J.
Since common questions of law and facts are involved in all these petitions, same were tagged and heard together and are being disposed of vide this common order.
2. Precisely, the question which has fallen for adjudication before this Court is whether Government can restrict Grant-in-Aid or if it can, whether the salaries etc. of staff of Government aided college can be stopped/restricted. If not, who will defray the expenses. However, before adjudicating the aforesaid question, it may be apt to discuss and elaborate upon the relevant Acts, Rules and Notificat
State cannot freeze grant-in-aid to deny aided college staff statutory revised pay benefits; college must pay actual arrears, government to provide grants if needed.
Staff of 95% grant-in-aid colleges deemed akin to government employees for retiral benefits like gratuity and enhanced leave encashment; state bears 95% liability per precedents.
The right to grant-in-aid is not absolute and depends on state financial policy, thereby, limitations on salary grants imposed by the State are lawful.
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....
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 ....
Teachers in Non-Government Aided Colleges are entitled to the same financial benefits as their counterparts in Government Colleges based on the principle of equal pay for equal work.
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....
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....
The central legal point established in the judgment is the entitlement of the petitioner to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission,....
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