IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 10511 of 2008. Decided on: 21st December, 2010. Digvijay Singh Kotvi. …Petitioner. -Versus- State of Himachal Pradesh and Others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Devinder Chauhan, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. J.S. Guleria, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): The pay of the petitioner was enhanced vide Annexures A-1 and A-2, dated 23.05.2003 and 02.08.2003, respectively. However, the same was withdrawn vide Annexure A-3, dated 14.10.2003. Admittedly, the petitioner has not been heard before the issuance of Annexure A-3, dated 14.10.2003. He has been visited with civil and evil consequences. His pay has been reduced. The petitioner has neither misled nor played any fraud upon the respondents at the time of granting him revised/enhanced pay. 2. The petitioner has also not been paid the salary for winter/summer vacations. The Division Bench of this Court in Baldev Singh and others versus State of H.P. and others, CWP No. 415 of 2000, decided on 1st September, 2008 has held that the teachers are entitled to the salary for 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - winter/summer vacations and artificial breaks can not be given to the teachers to deprive them from the salary of winter/summer vacations. 3. Consequently, the petition is allowed. Annexure A-3, dated 14.10.2003 is quashed and set aside. The respondents are further directed to release the salary of the petitioner for winter/summer vacations and not to give any artificial breaks. The period of artificial breaks is regularized. However, liberty is reserved to the respondents to proceed with the matter in accordance with law. The petition stands disposed of. No costs. (Rajiv Sharma) Judge November 21, 2010. (bhupender) - 3 -