TaxTMI 
TaxTMI 
2015 (6) TMI 1225
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....framed the Himachal Pradesh Vidya Upasak Yojna, 1998 (hereinafter referred to as the "Vidya Upasak Yojna" in short). The rationale for formulation of the Vidya Upasak Yojna was to provide teaching man power in Government Primary Schools, which were located in remote/backward/difficult/tribal areas. The trained teachers available in the urban and other developed areas were not willing to serve in the remote places as a result of which most of the schools in such areas were without teachers. In the remote and inaccessible areas of the State, 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 eff....
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....de amended from time to time, that too, after successful completion of one year condensed teacher training course specifically prepared for them. The regularization of Vidya Upasaks was also subject to the condition that those who were matriculates, were required to improve their educational qualification essentially upto the level of 10+2 as per NCTE norms within a period of five years. The selection was to be made through H.P. Subordinate Service Selection Board, Hamirpur on the basis of written test and interview. The minimum educational 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 o....
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..... Subordinate Services Selection Board Hamirpur issued an advertisement whereby the applications were invited on or before 28.4.2009. Petitioners and similarly situate persons participated in the selection process. They sat in the written test and they also appeared in the interview. Petitioners, on the basis of the combined merit list, were issued appointment letters vide office order dated 19.9.2000. Petitioners have also obtained one year condensed teacher training course, as required under the Vidya Upasak Yojna and the conditions 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 Rs. 4550-7200. 4. Mr. Adarsh K. Vashishta, learne....
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....ted one year condensed teacher training course. They were regularized/absorbed, as noticed hereinabove, on 22.11.2007. 8. The State Government has amended the Central Civil Services (Pension) (Himachal Pradesh First Amendment) Rules, 2003 whereby after clause (h) of rule 2 of the Central Civil Services (Pension) Rules, 1972, the following new clause (i) has been inserted: "(i) All appointments made in the State Government of Himachal Pradesh on or after the date of the publication of the notification in Rajpatra, Himachal Pradesh." 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 Ce....
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....ularization also, posts were lying vacant. 11. According to rule 13 of the Central Civil Services (Pension) Rules, 1972, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity provided that officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post. In the instant case, petitioners have been appointed by the State Government as per 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.....