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2020 (1) TMI 1501 - HC - Indian LawsEligibility for appointment as Shastri Teacher - appointment for vacant posts of Junior Basic Teachers (JBT) - Whether Junior Basic Teachers (petitioners) who were initially recruited in 1997 on contract basis as JBTs against regular/sanctioned posts and regularized as such in 2006 are entitled to count their contractual period as qualifying service for purposes of (i) pension under CCS (Pension) Rules, 1972 and (ii) annual increments? - HELD THAT:- The cadre of contractually appointed JBTs (petitioners) and those appointed as Vidya Upasaks, eventually merged into one, i.e. JBT. They all became Junior Basic Teachers. Their initial birth marks vanished after merging into the common cadre. Vidya Upasaks on the basis of their dates of initial appointment as Vidya Upasaks as well as on the basis of their dates of regularization are ranking below the petitioners- Junior Basic Teachers originally appointed on contract basis. Therefore, benefit granted to Vidya Upasaks essentially has to be granted to petitioners who are in the same cadre and senior to Vidya Upasaks on the basis of dates of initial appointment as well as on the basis of their dates of regularization. The petitioners are also entitled to benefit in the case of JOGA SINGH, VINOD KUMAR, SANTOSH KUMARI VERSUS STATE OF HIMACHAL PRADESH AND OTHERS. [2015 (6) TMI 1225 - HIMACHAL PRADESH HIGH COURT], they being senior to Joga Singh & others similarly situated persons. Whether the prayers made in the writ petitions in respect to counting entire contractual service towards qualifying service for the purpose of pension under CCS(Pension) Rules, 1972 as well as for grant of annual increments are barred by limitation under Section 21 of Administrative Tribunals Act and suffer from delay, laches and estoppel? - HELD THAT:- The prayers of petitioners for counting their past contractual service as qualifying service towards pensionary benefits under CCS(Pension) Rules, 1972 and annual increments as allowed to Joga Singh & Other Vidya Upasaks cannot be denied to them (petitioners) on grounds of limitation, delay, laches or acquiescence, however, financial benefits are to be restricted to them to three years prior to filing of the writ petitions. Whether it is open for the State to question the judgment dated 15.6.2015, delivered in CWP No.8953/2013 and other connected matters, in the instant writ petitions. And if so, whether in the facts of the case contractual service of petitioners can be treated as qualifying service for pensionary benefits under CCS (Pension) Rules, 1972 and increments? - HELD THAT:- The service rendered by the petitioners on contractual basis deserves to be counted towards qualifying service for pensionary benefits under CCS(Pension) Rules 1972 and for annual increments. The contractual service rendered by the petitioners as Junior Basic Teachers shall be counted towards qualifying service for the purpose of pension under CCS (Pension) Rules, 1972 as well as for annual increments. The consequential financial benefits shall however be restricted to three years prior to filing of the writ petitions. The due and admissible benefits be released to the petitioners within a period of three months from today. Petition allowed.
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