High CourtsDivision Bench(2012) 03 SHI CK 0091

Anand Wardhan Sharma vs State of Himachal Pradesh and Others

High Court Of Himachal Pradesh · Decided on 9 March 2012

HON’BLE JUDGES
Kurian Joseph, J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 1162 of 2012-G

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Judgment

5 paragraphs · 258 words

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers: 1 That writ in the nature of certiorari may be issued and the impugned orders dt. 9.5.2006 and 6.1.2009 may be quashed and set aside by declaring the same as void ab initio, which is against the terms of the agreement and the scheme of engagement of contract teachers.

2.

That writ in the nature of mandamus may kindly be issued and the respondents may be directed to release all the financial benefits to the petitioners as per the terms of the agreement i.e. minimum of the basic pay scale and other allowances from time to time.

It is submitted that a similar issue has been considered by this Court leading to the judgment in Nek Ram and others vs. State of H.P. & Ors., CWP(T) No. 14232/2008, decided on 17.11.2009. It is also submitted that the judgment has been implemented and it has attained finality.

2.

The writ petition is hence disposed of directing the respondents/ competent authority to examine the case of the petitioner herein and extend similar treatment to him also as extended to the petitioners in the judgment referred to above in case he is similarly situated to the petitioners in the judgment referred to above. The needful shall be done within a period of four months from the date of production of a copy of this judgment alongwith a copy of the judgment referred to above and a copy of the writ petition.

Pending application(s), if any, also stands disposed of.