IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 11798 of 2008. Decided on: 25.8.2011. ___________________________________________________________ Balbir Singh and others. … Petitioners. Versus State of Himachal Pradesh and another. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioners : Mr. Surinder Sharma, Advocate for petitioners No. 1, 5 to 8 and 10. Mr. Jai Dev Thakur, Advocate for petitioners No. 12, 25 and 27. Mr. Gulzar Rathore, Advocate for petitioners No. 15, 18 and 20. None for the remaining petitioners, except petitioners No. 9, 22, 28 and 29, though served. For the respondents : Mr. P.K. Sharma, Addl. AG and Mr.Anil Jaswal, Dy.A.G. ___________________________________________________________ V.K. Sharma, Judge (Oral). The petition has been filed with the following prayers, vide para 7 (i) to (vii):- “7 (i). That the condition No.1 imposed, vide Annexure A-6, dated 5.2.2000, whereby the appointment of the applicants on contract basis has been made subject to a maximum period of five years alongwith condition No.2 of Annexure A-7, whereby the contract will terminate on the last day of academic session, be quashed and set aside; (ii). That the respondents may be directed to regularize the services of the applicants w.e.f. their initial dates of appointment with all consequential benefits like arrears of salary and seniority etc.; (iii). That the respondents may be directed to permit the applicants to discharge their duties 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 as Lecturers/TGTs/Clerks/Peons & Chowkidars in the respective schools; (iv). That the respondents may be directed to pay the applicants the regular pay scales at par with their counterparts serving on regular basis in general cadre in Government Schools; (v). That the respondents may be directed to pay the applicants the salary for summer breaks w.e.f. the year 2000 and to pay arrears thereof along with interest @ 18% per annum; (vi). That the respondents may be directed not to give any artificial breaks to the applicants in the beginning of summer breaks; and (vii). That the respondents may be directed to grant the applicants all the perks and allowances, to which their counterparts in Government schools are entitled.” 2. In reply, respondents No. 1 & 2 have taken the following stand vide para 6 (I-XXII)(A-Q):- “6(I-XII)(A-Q). That in reply to the averments made in this para and sub paras, it is respectfully submitted that the applicants have been engaged on special contract basis for a period of five years as per the terms and conditions of the contract agreement. The Govt. of H.P. has taken a decision in public interest that where the Govt. has opened/upgraded its own Govt. Schools and the privately managed institutions running adjoining to the Govt. Institutions which were closed due to opening of Govt. Institutions, the staff working in that privately managed institutions was ordered to be engaged on special contract basis. In the instant case, the respondent department in pursuant to the policy decision taken by the Govt., engaged the applicants on special contract basis in 3 different institutions in State of H.P. The engagement of applicants was made after an offer to the applicants for appointment on special contract basis and the offer of the respondent department was accepted by the applicants after signing the contract agreement and also accepting the terms and conditions as laid down in the agreement. The services of the applicants were engaged for a period of five years. The present O.A. has been filed by the applicants for seeking the relief that respondents department may be directed not to terminate the services of the applicant beyond five years. In this regard, it is submitted that Govt. of H.P. vide letter No. Shiksha-II-K(2)2/98-V dated 29.7.2005 has decided that the special contract of the Teaching/non-teaching staff appointed under special contract policy may be renewed on a year to year basis till further orders. The respondent department in pursuance of the decision of Govt. taken on 29.7.2005 has allowed the applicants to continue as such after renewing the contract agreement on year to year basis. Therefore, the present O.A. in view of the submissions made hereinabove has rendered infructuous. Hence, the present O.A. being infructuous may kindly be dismissed.” 3. In so far as the prayer (v) is concerned, the learned counsel for the appearing petitioners submit that the case of the petitioners is covered under a Division Bench judgment dated September 1, 2008 of this court in CWP No. 415 of 2000, Baldev Singh and others versus State of H.P. and others along with connected matters, reported as Latest HLJ 2009 (1) (HP) 293. 4 4. In view of the above, if on facts the case of the petitioners is covered under the judgment dated 1.9.2008 referred to hereinabove in CWP No. 415 of 2000 and they are similarly situate, they shall also be treated similarly without any discrimination and benefit of the said judgment along with consequential benefits, if any, shall be extended to them within three months from the date of production of copies of this judgment and the judgment referred to hereinabove by the petitioners before the respondents/competent authority. 5. As regards the remaining prayers, subject to the petitioners’ making a detailed representation supported by documents, jointly or severally, to respondent No.1 within a month from today, the same shall be considered and decided by the said respondent in accordance with law, particularly the policy(s) of the State Government with regard to regularization of contract/special contract teachers prevalent from time to time, within a further period of three months, after affording an opportunity of being heard to the petitioners/their authorized representative, if so desired. 6. The petition stands disposed of in the above terms, so also pending application(s), if any. Copy dasti. (V.K. Sharma) Judge. August 25, 2011. (cr)