Poonam Kumari And Others vs State Of H.P. & Others
2023 Latest Caselaw 18645 HP

Himachal Pradesh High Court

Poonam Kumari And Others vs State Of H.P. & Others on 30 November, 2023

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                   CWP No.9555 of 2023
                                           Date of Decision: 30.11.2023
    _____________________________________________________________________




                                                               .
    Poonam Kumari and others





                                                                 .........Petitioners
                                           Versus
    State of H.P. & others





                                                                .......Respondents
    Coram
    Hon'ble Mr. Justice Ranjan Sharma, Judge.
    Whether approved for reporting?




                                       of
    For the petitioner:   Ms. Palvi Sharma, Advocate.

    For the respondents: Mr. Rajan           Kahol,      Additional         Advocate
                   rt    General.
    ___________________________________________________________________________
    Ranjan Sharma, J. (Oral)

Notice. Mr. Rajan Kahol, learned Additional

Advocate General, appears and waives service on behalf of the

respondents.

2. With the consent of the parties, the instant writ

petition, is taken up for disposal, at this stage, in view of the order(s)

intended to be passed herein.

3. Since representation dated 20.07.2023 (Annexure P-

2), having been filed by the petitioners to respondent-Director,

Department of Elementary Education, Himachal Pradesh, is not being

decided, petitioners are compelled to approach this Court in the

instant proceedings filed under Article 226 of the Constitution of India,

praying therein for following main relief:

(i) That in view of the submissions made in the writ petition, the writ petition may kindly be allowed and

the respondent No.2 may kindly be allowed and the respondent No.2 may kindly be directed to grant the benefit of promotional increments to the post of Head Teacher w.e.f. 1.10.2012 with all consequential benefits.

3. Precisely, the grouse of the petitioners, as has been

.

highlighted in the petition and further canvassed by Ms. Palvi Sharma,

learned counsel for the petitioners is that benefit of promotional

increment of Head Teacher is required to be given to the petitioners in

terms of judgment dated 7.7.2023, passed by the coordinate Bench of

of this Court in CWP No. 2500 of 2021 a/w connected matters, titled

Ranjit Singh and Ors v. State of Himachal Pradesh and Ors., but such

4. rt benefit, despite there being representations, is not being granted.

Ms. Palvi Sharma, while making this Court peruse

copy of office order dated 29.11.2023 issued under the signature of

Director of Elementary Education, states that pursuant to judgment

passed by the coordinate Bench of this Court in Ranjit Singh (supra),

similarly situate persons have been already granted benefit of

promotional increments to the post of Head Teacher w.e.f.

1.10.2012/the date from which the promotional increment has been

released to those Head Teachers who were promoted as such, after

1.10.2012. He further states that since aforesaid judgment passed by

the coordinate Bench of this Court has attained finality, rather has

been given effect to, as is evident from the office order dated 19.9.2023

benefit of promotion, as prayed for in the instant petition, is required

to be given to the petitioners.

5. While appearing and waiving notice on behalf of the

respondents-State, Mr. Rajan Kahol, learned Additional Advocate

General having carefully perused the judgment passed in Ranjit Singh

supra vis-à-vis relief claimed in the instant proceedings, fairly states

.

that case of the petitioners are also required to be considered and

decided in light of Ranjit Singh supra. In view of the fair stand adopted

by the learned Additional Advocate General, there appears to be no

justification to call reply from the respondents.

of

7. Consequently, in view of the above, present petition

is disposed of with direction to the respondent/Director of Elementary rt Education, to consider and decide representations of the petitioners

dated 20.07.2023 (Annexure P-2) in light of Ranjit Singh's case

(supra), expeditiously, preferably, within four weeks. In case,

petitioners are found to be similarly situate to the petitioners in the

aforesaid judgment, they would be extended similar benefits. Needless

to say, authority concerned while doing the needful in terms of the

instant order shall afford an opportunity of hearing to the petitioners

and pass detailed speaking order thereupon. Liberty is also reserved to

the petitioners to approach appropriate court of law at appropriate

time, if they still remain aggrieved. All pending applications stand

disposed of.

    30th November 2023                                      (Ranjan Sharma)
          tarun                                                   Judge