TMI Blog2015 (6) TMI 1225X X X X Extracts X X X X X X X X Extracts X X X X ..... There is not even a single day break in the service of the petitioners and they have fulfilled all the conditions stipulated in the Vidya Upasak Yojna as well as in their appointments letters. Respondent-State is a welfare State. The services rendered by the petitioners from the years 2000 to 2007 cannot be obliterated or rendered otiose. Petitioners were not entitled to the regular pay scale at par with regularly appointees but they are entitled at least to count this period from the years 2000 to 2007 towards annual increments as well as qualifying service for pension. Action of the respondents of not counting the period from 2000 to 2007 for the purpose of pensionary benefits and annual increments is violative of Articles 14 and 16 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate, the Department of Primary Education faced many problems like teacher absenteeism, poor scholastic standards leading to irregular functioning of primary schools and increased drop-out rate. In order to effectively counter the problem, the solution was sought in an innovative way, i.e. by recruiting voluntary teachers through the Volunteer Teacher Scheme launched by the Government of Himachal Pradesh in 1985, which was subsequently modified in 1991. However, due to relatively poor qualification of the VT s, the general standard of teaching came down resulting in undermining the basic objective of providing qualitative education in the State. In order to find a permanent and realistic solution to the problems being encountered in the rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional qualifications prescribed for Vidya Upasaks was matriculation examination with a minimum of 45% marks in the aggregate for general category and 40% for candidates of reserved categories. The objectives of the Vidya Upasak Yojna was also to achieve the goals set out in the H.P. Compulsory Primary Education Act, 1997, which was enforced with effect from 1.4.1998 to enforce the Universalisation of Primary Education in remote and socio-economically backward villages. The Vidya Upasaks were entitled to honorarium of ₹ 2,500/- per month. The number of vacancies was notified as per clause 10 of the Vidya Upasak Yojna. The candidates were required to appear in the written test consisting of 85 marks. The written test was of objective t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions enumerated in the appointment letters. Petitioners were regularized/absorbed vide office order 31.10.2007 and 22.11.2007 and were placed in the pay scale of ₹ 4550-7200. 4. Mr. Adarsh K. Vashishta, learned counsel for the petitioner, has vehemently argued that the respondents have not counted the services rendered by the petitioners from their initial date of appointment towards pension and increments. 5. Mr. P.M. Negi, learned Deputy Advocate General, has strenuously argued that since the petitioners have been regularized after 15.5.2003, they would be covered under the Contributory Pension Scheme notified on 17.8.2006, which would be deemed to have come into force with effect from 15.5.2003. 6. I have heard the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adesh. 9. According to the plain language of newly added clause (i) of rule 2, the persons appointed in the State of Himachal Pradesh on or after 15.5.2003 shall not be entitled to pension as per Central Civil Services (Pension) Rules, 1972. According to Mr. P.M. Negi, learned Deputy Advocate General, they would be covered under Contributory Pension Scheme as per notification dated 17.8.2006. 10. Petitioners have been appointed after undergoing the rigours of selection process in the year 2000. They were qualified as per the norms laid down in the Vidya Upasak Yojna. They successfully completed one year condensed teacher training course, which led to their regularization/absorption vide letters dated 31.10.2007 and 22.11.2007. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the norms laid down though initially for a period of one year, but their appointments were continued from the year 2000 followed by their appointments on substantive post on 31.10.2007 and 22.11.2007. The service on contract can also be counted under rule 17, which is subsequently followed by substantive appointment in a pensionable establishment. The status of the petitioners was better of than the persons appointed merely on contract basis since they have continuously worked for a period of 7 years without any obstruction and obtained essential qualification of one year condensed teacher training course. 12. We are of the considered view that the petitioners have been appointed before 15.5.2003 and are entitled to pension under the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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