Reeta Kumari And Ors vs State Of H.P. And Ors
2023 Latest Caselaw 16987 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 CWP No.          : 8085 of 2023




                                                                     .
                                                 Decided on: 20.10.2023





     Reeta Kumari and Ors.                                       ....Petitioners.

                                         Versus





     State of H.P. and Ors.                                      ...Respondents.

     Coram
     The Hon'ble Mr. Justice Satyen Vaidya, Judge.





     Whether approved for reporting? 1


     For the petitioners          :      Mr. Naresh Kaul, Advocate.

     For the respondents         :       Ms. Priyanka Chauhan, Deputy

                                         Advocate General.

     __________________________________________________________
     Satyen Vaidya, Judge (Oral)

Since representation dated 01.10.2023

(Annexure P-3), having been filed by the petitioners to

the 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 a writ in the nature of mandamus may kindly be issued directing the respondents to fix the pay of the

1 Whether reporters of the local papers may be allowed to see the judgment?

petitioners in the pay band of Rs. 10,300-34,800+4400 grade Pay with additional 3% promotional increment w.e.f. 01.10.2012, as has been done with the

.

incumbents promoted to the post of Head Teacher after

01.10.2012, with all consequential benefits and interest @ 9% per annum, in view of the judgment dated 07.07.2023 (Annexure P-1) passed by this Hon'ble Court

in CWP No. 2500/2021 & connected matter, titled as Ranjit Singh & Ors. Vs. State of H.P. & Ors., when the respondents vide orders dated 19.09.2023 & 21/22.09.2023 (Annexure P-2) have decided to

implement the same, in the interest of law and justice."

2. Precisely, the grouse of the petitioners, as

has been highlighted in the petition and further

canvassed by Mr. Naresh Kaul, 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. Kaul, 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, Ms. Priyanka

Chauhan, learned Deputy 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 Deputy 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 01.10.2023 (Annexure P-3) 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.

6. Pending miscellaneous application(s), if

any, shall also stand disposed of.

.

                                              (Satyen Vaidya)
    20th October, 2023                            Judge





         (sushma)




                 r         to