As Drawing Teacher At Gsss Kao vs 7.2016
2021 Latest Caselaw 5661 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                 ON THE 9th DAY OF DECEMBER 2021
                               BEFORE




                                                         .
           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                 &
                HON'BLE MR. JUSTICE SATYEN VAIDYA





                CIVIL WRIT PETITION No. 4663 of 2020
    Between:­
    SANJAY KUMAR,





    SON OF SHRI OM PRAKASH,
    RESIDENT OF VILLAGE AND P.O.
    KAO, TEHSIL KARSOG, DISTRICT
    MANDI, H.P. PRESENTLY WORKING

    AS DRAWING TEACHER AT GSSS KAO,

    TEHSIL KARSOG, DISTRICT MANDI, H.P.
                                              ....PETITIONER

         (BY SH. RAJEEV SHARMA, ADVOCATE)



                         AND

    1.   STATE OF HIMACHAL PRADESH




         THROUGH PRINCIPAL SECRETARY (EDUCATION)
         GOVERNMENT OF HIMACHAL PRADESH.





    2.   DIRECTOR ELEMENTARY EDUCATION,
         SHIMLA, HIMACHAL PRADESH.





    3.   PRINCIPAL GSSS KAO,
         TEHSIL KARSOG, DISTRICT MANDI,
         H.P.

    4.   PARENT TEACHER ASSOCIATION
         GSSS KAO, TEHSIL KARSOG,
         DISTRICT MANDI, H.P. THROUGH
         ITS PRESIDENT.
                                    ....RESPONDENTS




                                        ::: Downloaded on - 31/01/2022 23:24:35 :::CIS
           (SH. MR. RAJINDER DOGRA, SR. ADDL. A.G, MR. SHIV
          PAL MANHANS & VINOD THAKUR, ADDL. A.GS. FOR R­1
          TO 3)




                                                            .
          This petition coming on for orders this day, Hon'ble Mr.





    Justice Tarlok Singh Chauhan, passed the following:





                ORDER

The present petition has been filed with the following

substantive relief:­

"i) That the respondents may kindly be directed to r pay the grant­in­aid on PTA basis to the petitioner w.e.f. 15.10.2009 to 18.5.2016 in

terms of the judgment passed by this Hon'ble Court as per Annexure P­3 in the interest of justice and fair play."

2. The respondents in paragraph­4 of the reply has

conceded that the issue involved in the instant case is squarely

covered by the judgment rendered by one of us (Justice Tarlok

Singh Chauhan, J.) in CWP No. 2638 of 2015, titled as Devi Saran

vs. Sate of H.P. & others, considering and deciding the issue in

CWP No. 2549 of 2015, titled as Hem Raj Sharma vs. State of H.P.

& others, decided on 7.8.2015 and CWP No. 358 of 2015, titled as

Chander Parkash Sharma, vs. State of H.P. & others, decided on

1.7.2016.

3. Consequently, the instant petition is allowed. The

respondents are directed to release GIA to the petitioner w.e.f.

.

15.10.2009 to 18.5.2016 and the same be positively released

along with arrears, within a period of three months from today,

failing which, the respondents shall be liable to pay interest at the

rate of 9% on the same. All pending applications, if any, also

stand disposed of.

For compliance to come up on 7.4.2022.

                                     (Tarlok Singh Chauhan)

                                               Judge


                                         (Satyen Vaidya)


     th
    9 December, 2021                         Judge
       (kck)