Himachal Pradesh High Court
Decided On: 10.09.2024 vs State Of H.P. And Another on 10 September, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:8241
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7515 of 2024
Decided on: 10.09.2024
Poornima Kumari and others ... Petitioners
.
Versus
State of H.P. and another ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
___________________________________________________________________
For the petitioners : Ms. Sanjeev Bhushan, Senior
Advocate with Mr. Sohail Khan,
Advocate.
For the respondents : Mr. Sumit Sharma, Deputy Advocate
General.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioners have prayed
for the following reliefs:-
"(i) That an appropriate writ, order or directions may
kindly be issued and the respondents may kindly be
directed that in furtherance of their own office order
dated 18.6.2024 Annexure P-4, petitioners be
assigned appropriate places in the seniority list as
they have been given regular appointment with all
consequential benefits from the date of their
appointment/joining as TGT on contract basis in the
interest of law and justice.
(ii) That an appropriate writ, order or directions may
kindly be issued and the respondents may kindly be
directed that no person who has been appointed as
Whether reporters of the local papers may be allowed to see the judgment?
2024:HHC:8241
TGT after the date of appointment of the petitioners be
promoted to the post of PGT in the interest of law and
justice.
(iii) That an appropriate writ, order or directions may
.
kindly be issued and the respondents may kindly be
directed that before making any promotions to the
post of Post Graduate Teacher, first the petitioners be
assigned proper place in the seniority list in
furtherance of Annexure P-4."
2. When this case was listed before the Court on
23.08.2024, the following order was passed:
r "Reply not filed. Learned Senior Counsel
appearing for the petitioner has referred to the
documents appended with petition in general and in
particular to Annexure P-4, dated 18.06.2024 and
submitted that all that is now required to be done by
the respondents is to confer the petitioner seniority in
terms of the decision that has been taken vide this
Office Order.
Learned Deputy Advocate General submits that
he may be granted some time to have instructions. As
prayed for, list on 10.09.2024."
3. Today, learned Deputy Advocate General has placed on
record the instructions received from the Director of elementary
Education, dated 09.09.2024, relevant portion whereof reads as
under:-
2024:HHC:8241
"It is however submitted that as per judgment dated
27.11.2021 passed by the Hon'ble High Court in CWPOA
No. 3435/2020 titled as Satish Kumar Vs State of H.P. &
.
Ors, it is pertinent to mention that in this regard, the letter
is written to Director of Higher Education, H.P. Shimla-1
vide which it is informed that necessary amendment is
needed at present seniority list for promotion from TGT to
PGT. The revised seniority list should be prepared in future
in accordance with merit list."
4.
Taking on record the said facts, this writ petition is
disposed of with the observation that let necessary amendments be
carried out in the seniority list of TGTs to PGTs and thereafter
revised seniority list be prepared in accordance with law. Let the
needful be done as expeditiously as possible and preferably within a
period of eight weeks from today. Pending miscellaneous
applications, if any, also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge
Sept. 10, 2024
(narender)
