Sanjay Kumar vs State of H.P. and others.

Justice Sanjay Karol, Judge

The petitioner has prayed for the following reliefs:

i) That the respondents may be directed to give the pay and allowances to the applicant as a class-IV, i.e. Peon-cum-Sweeper, in the pay scale of Rs. 2520-4140 with start at Rs. 2620/-, w.e.f. 1.11.1999 till August, 2006 and thereafter, forthwith.

ii) That the respondents may be directed to give the annual increments in the pay scale of Rs. 2520-4140 w.e.f. 1.11.1999 onwards till August, 2006 with all arrears/all consequential benefits, forthwith.

iii) That the respondents may be directed to confirm the applicant as Class-IV, i.e. Peon-cum-Sweeper, in accordance with the provisions of clause 5 of the H.P. Privately Managed Recognized/Aided School Employees (Security of Service) Rules, 1997, forthwith.

iv) That any other relief deemed fit and proper including costs, in the facts and circumstances of the case may also be granted.

v) That the records of the case may also be called for and perused.

Vide memo dated 12.3.1999 (Annexure A-1) the Director of Education accorded permission to fill up the post of Sweeper Class-IV in the 95% aided school GAV, SSS, Kangra (High Wing). The post was advertised and the nominee of the District Education Officer, amongst others interviewed the petitioner who was eventually selected and appointed in terms of order dated 28.10.1999 (Annexure A-3). The State has not filed any response. But however as per the response filed by the school (respondent No. 4) it is evident that since 1.11.1999 petitioner has been successfully discharging his duties and the school has also released 5% of its share towards the salary and the amount of grant-in-aid amounting to 95% of the salary has yet not been released by the State.

From the material as placed on record, it cannot be disputed that the school in question is entitled to the grant-in-aid in terms of the policy of the State. Petitioner has been successfully discharging his duties since the date of his joining. As such there shall be a direction to respondents No. 1 to 3 to immediately release the due and admissible amounts under the Rules as are found payable by respondent No. 1. Needful shall be positively done within a period of three months from the date of receipt of certified copy of the judgment, failing which, thereafter, petitioner shall be entitled to interest @ 9% p.a. which shall be personally recovered from the erring official(s).

Petition stands disposed of so also the pending application(s), if any.

Copy dasti.