Partap Singh And Ors vs State Of Himachal Pradesh And Ors
2023 Latest Caselaw 16079 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                  .

                                     Civil Writ Petition No.7587 of 2023
                                           Date of Decision: 11.10.2023
    _____________________________________________________________________





    Partap Singh and Ors.
                                                                 .........Petitioners
                                     Versus
    State of Himachal Pradesh and Ors.
                                                                .......Respondents





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

    For the Petitioners: Mr. Gambhir Singh Chauhan and Mr.
                     r   Ganesh Barowalia, Advocates.
    For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.

                         B.C. Verma, Additional Advocates General
                         with Mr. Ravi Chauhan, Deputy Advocates
                         General.
    ___________________________________________________________________________


    Sandeep Sharma, J. (Oral)

Since representations dated 27.8.2023 (Annexure P-3

Colly.), having been filed by the petitioners to the Director,

Department of Elementary Education, Himachal Pradesh, are 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 the respondents especially respondentd No.2 & 3 may very kindly be directed to release/grant the benefit of promotional increments to the petitioners to the post of Head Teachers w.e.f. 1.10.2012, with all consequential benefits, in a time bound manner, also as has been granted in CWP No. 2500 of 2021 titled: Ranjit Singh and other v/s. State of H.P. and others a/w connected matter (Annexure P-1)."

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

.

highlighted in the petition and further canvassed by Mr. Ganesh

Barowalia, 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 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 benefit, despite there being

representations, is not being granted.

3. Mr. Barowalia while making this Court peruse copy of

office order dated 19.9.2023 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.

4. 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 is 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.

5. Consequently, in view of the above, present petition is

disposed of with direction to the respondent/Director of Elementary

Education, to consider and decide representations of the petitioners

dated 27.8.2023 (Annexure P-3 Colly.) 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.

    October 11, 2023                               (Sandeep Sharma),
    manjit                                                  Judge