No.
EDN-H(2)B(2)35/2023-Para Salary
Directorate of Elementary Education,
Himachal Pradesh, Shimla-Ol .
Dated :Shimla-17100l August, 2024
ORDER
Wliercas, many petitions were filed in the Hon'b]e High
Court of H.P. by those TGTs who were appointed under Para Teacher Policy,
2003 for grant of minimum of revised pay scale of Rs. 10300+3600 w.e.f.
01.04.2007 to 31.03.2010 on the analogy of CWP No. 4954 of 2012, titled as
Madam lal and others Vs. State of H.P. and others and other connected matters,
decided on 07. I I.2012 and CWPOA No. 7661/2022 in OA No. 2641/2019 titled
as Pushap Raj Khimta & others Vs State of H.P. & others decided by the
Hon'ble High Court of H.P. on dated 29.06.2022 and LPA 105/2010 titled as
State of H.P. Vs Rakesh Chand & other connected matters dated 13.12.2012.
The Hon'ble High Court of H.P. in these petitions has [Link] to consider and
decided the cases of the petitioners in the light of judgment passed in Madan
lal's case, Pushap Raj Khimta's case and Rakesh Chand's case.
And whereas, after perusal of record it is found that
various court cases were filed by the Para Teachers for revision of pay scale in
the Hon'ble High Court of H.P. in the year of 2010 to 2012 and the Hon'ble
High Coull of H.P. had decided the matters in a common judgment delivered in
CWP No. 4954 of 2012, titled as Madan lal and others Vs. State of H.P. and
others and other connected matters, dated 07.11.2012 with the following
directions:-
6€In these cases, the petitioners have sought for the
benofit Of the decision Of this Court in Nek Ram and others versus State of
Himachal Pradesh and others in the matter Of merger Of 50% D.A. in some Of
the cases they have also sought for revision Of the pay scale. Once the Para
Teachers are brought at par with contract teachers w.e.I: 1.04.2007, all the
benefus extended to the contract teachers should be available to the Para
Teachers w.e.f. 01.04.2007 in the case Of merger Of D.A. or in the case Of
revision of |}ay scale.
Therofore, these writ petitions are disposed Of with a
direction to the Director Higher Educaiton to issue appropriate instructions,
if [Link] already issued within a month from today, to see that the Para Teachers
are paid same emoluments as are given to the contract teachers in the
respective categories w.e.f 01.04.2007. In any Of these cases, the Para teachers
lrave not been paid the vacoition salary, the eligible vacation salary shall be
paid to them [Link] a period Of three months from the date Of production Of a
copy Of this judgment by the petitioner concerned boy:ore tl.e competent
authority.„
And wliereas, in compliance to the order of the Hon'ble
High Court, the Department of Higher Education H.P. vide letter No. EDN-
H(19)B(I)-4/2012-Para Salary dated 07.3.2013 and Department of Elementary
Education H.P. vide letter No. EDN-H(Ill)B(2)Civp No. 4954l/2012-(Para)
Salary dated 26.07.2014 had issued instructions to all the Dy. DHE/DEEs to
release the salary to Para Teachers at par with contract teachers w.e.f.
01.04.2007 to 31.03.2010 alongwith vacation salary.
And whereas, many petitioners have filed various
execution petitions in the Hon'ble High Court of H.P. for grant of minimum of
revised pay scale of Rs.10300+3600 w.e.f. 01.04.2007 to 31.03.2010 and the
Hon'ble High Court of H.P. in one of the execution petition No. 286 of 2022
have passed the following orders on dated 04.08.2023 :-
"Order for [Link] whereof present petition has been
filed, has been directing tl.e respondents to exterid the benefit to I)etitioners in
teri'rls Of judgment rendered by this Court in CWP No. 4954 Of 2012, [Link] as
Madan lal and others Vs. State Of H.P. and others, decide; on 07.09.2012. In
Madan Lal's case vide judgment dated 07.09.2012, fillrancial benefiits were
directed to be extended w.e.f: 01.04.2007, whereas in present case, the benefits
have been e)ctended from 01.04.2010.
Respondent have no authortry to `t'riodify the
judgment/direction passed by the High Coun. Despite tint, by releasing the
monetary benef iits from 01.04.210 instead Of 01.04.2007, an af f iidavit was f iled
stating that order passed by tl.e Coat has been com|Ilied with, whieh was
f actually incorrect.
Mr. Ghanshyam Chand, Director Elenentary Education,
Hinrachal Pradesh, is I)resent in person. On his request, matter is adyourned
by two weeks, enabling the respondents to rectify the mistalle.
List for com|)liance report on 21.08.2023."
And whereas, a similar matter of para teacher in CWPOA
No. 7661/2022 in OA No. 2641/2019 titled as Pushap Raj Ithimta & others Vs
State of H.P. & others was decided by the Hon'ble High Court of H.P. on dated
29.06.2022 and the said judgment has been stand implemented by the
Department vide offlce order No. EDN-H(2)B(2)7661/2022-CC dated
20.04.2023 and the petitioners (Para TGTs) have been granted the benefit of
minimum of the revised pay scale of Rs. 10300-34800 with appropriate grade
pay of the post w.e.f. 01.04.2007 to 31.03.2010 subject to the final outcome of
the LPA filed in the Hon'ble High Court of H.P. vide e-filing No. EC-HPHC0I -
00637-2022 dated 06.02.2023 with the condition that in case the outc`ome of
LPA comes in favour of the Department, the petitioners are bound to refund the
amount of arrear so paid to them.
And whereas, the Hon'ble High Court of H.P. in LPA No.
105/2010 titled as State of H.P. Vs Rakesh Chand and other connected matter
dated 13.12.2012 has passed the followingjudgment:-
"The direction in the judgment in Rakesh Chand's
case in CWP (T) No. 781 of 2008 for granting tlle running pay scale to the
JBT teachers from tlie date of their initial appointment is set aside.
However, it is held that the JBT teachers appointed on contract basis wi[] be
entitled to the initial of the pay scale attached to tlie post of JBT teachers
and revised from time to time. It is also clarified that the principle that is
applied in the case of the JBT teachers in equal force would apply to the
School Lecturers appointed on contract basis. LPA No. 108 of 2012 is
dismissed. All other appeals are partly allowed and the writ petitions are
disposed of, so also the pending applications, if any"
And whereas, thejudgment passed in LPA No.105/2010
titled as State of H.P. Vs Rakesh Chand and other connected matters dated
13.12.2012 was impl?mented by the Department of Elementary in respect of
Junior Basic Teachers by granting emoluments of minimum of the revised pay
scale from time to time. Thereafter, on the analogy of LPA No. 105/2010 the
beneflt of revision of emoluments were also given in the matter of Trained
Graduate Teachers in compliance to the Government letter No. EDN-C-
E(4)5/2019-L dated 15.07.2022 by confining it only to the petitioners.
And whereas, the matter of grant of benefit of revised pay
scale to the petitioners (Para Teachers) whose cases were decided by the Hon'ble
High Court of H.P. on the analogy of CWP No. 4954/2012 titled as Madan Lal
& others Vs State of H.P. & Others and CWPOA No. 7661/2022 in OA No.
2641/2019 titled as Pushap Raj Khimta & others Vs State of H.P. & others was
taken up with the Government and the Government vide letter No. EDN-C-
8(15)-14/2020 dated 20.08.2023 has directed to implement the judgement/order
in favour of the petitioners (Para Teachers) in personam, on the analogy of
Madan Lal case and Pushap Raj Khimta cases, as the case may be subject to
final outcome of further legal remedy, if any being exercised by the State.
Accordingly, in view of government instructions, the judgment passed in CWP
No. 4954/2012 titled as Madam Lal & others Vs State of H.P. & Others and
CWPOA No. 7661 of 2019, titled as Pushap Raj Khimta Vs State of H.P. & ors
have been implemented by the Department in r/o other similar situated
petitioners subject to the final outcome of the LPA filed in the Hon'ble High
Court of H.P. against the order passed in CWPOA No. 7661/2022 in OA No.
2641/2019 titled as Pushap Raj Khimta & others Vs State of H.P. & others dated
29.06.2022 vide office `order No. EDN-H(2)B(2)35/2023-Para Salary dated
23.09.2023, 07.10.2023, 17.10.2023, 20.10.2023, 21.10.2023 & 29.12.2023 by
granting the benefit of minimum of the revised pay scale of Rs. 10300-34800/-
with appropriate grade pay of the post which works as Rs. 13900/-
(consolidated) as admissible to contract (TGTs) w.e.f. 01.04.2007 to 31.03.2010
in personam subject to the final outcome of the LPA with the condition that in
case the outcome of LPA comes in favour of the Department the petitioners are
bound to refund the amount of arrear so paid to them.
Now therefore, in view of above facts and circumstances,
the following petitioners who are also Para Teachers (TGTs) and whose case is
not decided by the Hon'ble High Court of H.P. yet but sought the relief on the
basis of judgment passed by the Hon'ble High Court of H.P. in CWPOA No.
7661/2022 in OA No. 2641/2019 titled as Pushap Raj Khimta & others Vs State
of H.P. & others dated 29.06.2022 is hereby granted the beneflt of minimum of
the revised pay scale of Rs. 10300-34800/-with appropriate grade pay of the
post which works as Rs.13900/- (consolidated) in personam as admissible to
contract (TGTs) w.e.f. 01.04.2007'to 31.03.2010 subject to the final outcome of
the LPA filed in CWPOA No. 7661/2022 in OA No. 2641/2019 titled as Pushap
Raj Khimta & others Vs State of H.P. & others dated 29.06.2022 with the
condition that in case the outcome of LPA comes in favour of the Department,
the petitioner is bound to refund the amount of arrear so paid to them.
Sr. Name, Designation & place of posting of Petitioner CwroA/Cwpmx Pet
No, (Sh./Smt./Miss/Kumari) No.
I Kuldeep Singli aged about 54 years son of Late CWP No. 9210/2023
Shri Amar Chand, resident of Village Raika
Shelapani, Tehsil Jubbal, District Shimla, H.P.,
presently working as T.G.T. avon-Medical) in
Government Middle School Astandli under
complex Government Senior Secondary School
Mandhol, District Shimla, H.P.
KESAR SINGH aged about 51 year, S/o Dhan CWP No. 5897/2024
Singh, C/o GSSS Kandal, Block Nerwa, District
Shimla, currently posted at GSSS Kandal.
Accordingly, all the concerned Principals/IIeadmastersnn-
charge of GSSSs/GHSs/GMSs of H.P. are hereby directed to release the arrear to all
the petitioners immediately as per instructions issued by the Finance Department
[Link].-Fin-E-I-C(17)-6/08dated07.01.2012subjecttofinaloutcomeof
LPA with the condition that in case the outcome of LPA comes in favour of the
Department, the petitioners are bound to refund the amount of arrear so paid to
them. May inform the parties accordingly.
- ,9c, -
[Link] Elementary Education,
Himachal Pradesh.
Endst. No. Even dated: Shimla-I , the August, 2024
Copy forwarded for information and necessary action to: -
I The Secretary (Education) to the Government of H.P. Shimla-02 w.r.t. letter
No. EDN-C-B(15)-14/2020 dated 20.08.2023.
2 The District Attorney, (Internal) Directorate of Elementary Education HP,
Shim la-I .
3 The DTO concerned.
4 All the Dy Directors of Higherrelementary Education concerned in HP.
5 The DDO/Principalmeadmaster/In-charge in GSSS/GHS/GMS concerned
where petitioner is presently working.
6 Kuldeep Singh son of Late Shri Amar Ch and, resident of Village Raika
SheLapani, TehsiL Jubbal, District Shimlag H.P.,
7 KESAR SINGH , S/o Dhan Singh, C/o GSSS Kandal, Block Nerwa, District
Shimla, currently posted at GSSS Kandal.
In-Charge, lT Cell (Int) to upload this order on the departmental website.
Guard file.
pr,
Director Elementary Education,
grth rfu fro G.p.) Himachal Pradesh.
2 3 AUG 2024