Vijay Kumar Vishal vs State of Himachal Pradesh and others

Rajiv Sharma, Judge

Petitioner was appointed as Lecturer (English) in G.G.D.S.D. College, Baijnath on 17.08.1971. His appointment was duly approved by the Himachal Pradesh University On 07.10.1974. The Government has decided to take over the services of respondent-College on 8th February, 2007. The services of the petitioner were also taken over at the time of taking over the College. He was appointed as Lecturer (School Cadre). He assailed this decision before the learned erstwhile Himachal Pradesh Administrative Tribunal. The Tribunal stayed the order, whereby the petitioner was appointed as Lecturer (School Cadre). In other words, the petitioner was permitted to discharge his duties as Lecturer in the subject of English in the respondent-College. He has worked as a Lecturer w.e.f. 8th February, 2007 to 31st October, 2007. However, admittedly, he has not been paid the salary for this period. Petitioner has also not been paid Dearness Allowance from July, 2004 to 18th February, 2007 and this fact is admitted by the respondents in their reply. Petitioner has superannuated at the age of 58 years and till date, his gratuity etc. has not been paid, to which he is entitled as per Rule-12 of Appendix ''A'' of "The First Ordinances of Himachal Pradesh University, 1973". Once the petitioner has worked as a Lecturer w.e.f. 8th February, 2007 to 31st October, 2007, he is entitled to the salary of the post of Lecturer. He is also entitled to Dearness Allowance w.e.f. July, 2004 to 18th February, 2007. Petitioner is also entitled to gratuity strictly as per the Ordinances of the Himachal Pradesh University, mentioned hereinabove.

Mr. Rajnish Maniktala, learned counsel for the petitioner also submits that the petitioner has also not been granted leave encashment, to which he is entitled as per the law laid down by this Court in Jagdev Katoch Vs. State of H.P. and others, C.W.P. No. 60 of 2006, decided on 20.06.2008.

However, the claim of the petitioner to get the salary beyond the period of 58 years is not admissible and the petitioner is not entitled to any pensionary benefits as per notification issued by the State Government in August, 1994.

Consequently, the petition is disposed of with a direction to the respondents to release the salary of the post of Lecturer w.e.f. 8th February, 2007 to 31st October, 2007 to the petitioner and also to pay the Dearness Allowance w.e.f. July, 2004 to 18th February, 2007. Respondents are further directed to release the gratuity and leave encashment of the petitioner with interest @7% per annum. The needful be done within a period of eight weeks from the date of production of a certified copy of this judgment by the petitioner. The pending application(s), if any, also stands disposed of