Shailza vs State of H.P. and Others

Dev Darshan Sud, J.—The entitlement of the petitioner to the vacation salary is in issue in the present writ petition. Learned counsel for the petitioner submits that the matter is squarely covered by the decision rendered by the Division Bench of this Court in Baldev Singh and others vs. State of H.P. and others, in CWP No. 415 of 2000, decided on 01.09.2008 and connected matters. Also this Court, on 09.01.2012 had passed following directions in CWP No. 11920 of 2011-C, titled as Vijay Kumar Chandel vs. State of H.P. and others which read as under:-

This issue pertaining to vacation salary to contract teachers is squarely covered by the judgment of this Court Baldev Singh & others versus State of H.P. and others, CWP No. 415 of 2000, decided on 1st September, 2008 and the judgment has become final. Therefore, this writ petition is disposed of directing the respondents to release eligible vacation salary, during the entire service period, to the petitioner in case the same has not been granted so far, within a period of four months from the date of production of a copy of this judgment along with a copy of the writ petition and a copy of the judgment, referred to above, by the petitioner. If the amounts are not disbursed, as above, the petitioner will be entitled to interest @ 10% and the officers responsible for the delay shall be personally liable for the same.

As such, present petitioner being similarly situated, petition is disposed of with a direction to the respondents to disburse the vacation salary for the undisputed period, if not already disbursed to the petitioner, as per her entitlement. Needful be positively done within a period of one month from the date of production of certified copy of the order by the petitioner.

With the aforesaid observations, present petition stands disposed of, so also pending application(s), if any.