Himachal Pradesh High Court
Basti Ram Rana And Others vs State Of H.P. And Another on 15 May, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.501 of 2024 a/w
CWP Nos.3841, 3856 & 4623 of 2024
Date of Decision: 15.05.2025
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1. CWP No.501 of 2024
Basti Ram Rana and Others .......Petitioners
Versus
State of H.P. and Another ....Respondents
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2. CWP No.3841 of 2024
Gajender Singh Thakur and Others .......Petitioners
Versus
State of H.P. and Another ....Respondents
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3. CWP No.3856 of 2024
Vijay Gautam and Others .......Petitioners
Versus
State of H.P. and Another ....Respondents
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4. CWP No.4623 of 2024
Het Ram .......Petitioner
Versus
State of H.P. and Another ....Respondents
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner(s): Mr. Onkar Jairath, Advocate, for petitioners
in CWP No.501 of 2024.
Mr. Sanjeev Bhushan, Senior Advocate, with
Mr. Sohail Khan, Advocate, for the
petitioners, in CWP Nos.3841 and 3856 of
2024.
1
Whether the reporters of the local papers may be allowed to see the judgment?
2
Ms. Kiran Dhiman, Advocate, for the
petitioner in CWP No.4623 of 2024.
For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
B.C. Verma, Additional Advocates General,
with Mr. Ravi Chauhan, Deputy Advocate
General, for State, in all the petitions.
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Sandeep Sharma, Judge (oral):
Since common questions of facts are involved in all the
above captioned cases, this Court heard them together and the same
are now being disposed of vide common judgment.
2. Though same and similar prayer has been sought by the
petitioners in these petitions, but for the sake of brevity, prayer made
by the petitioners in CWP No.501 of 2024 is being reproduced
hereinbelow:
i) That this Hon'ble Court may be pleased to issue the Writ in
the nature of Certiorari or any other appropriate writ order or
direction quashing and setting aside the Impugned action of the
Respondents, whereby the Respondents have not convened the
Proceedings of Departmental Promotion Committee for promotion to
the post of Principal (School Cadre), as a resultant effect of which
the Petitioners have been denied Regular Promotion to the post of
Principal (School Cadre) from the date they became eligible for
promotion, being patently illegal, arbitrary and unconstitutional
besides the same being in violation to the settled law of the land.
ii) That this Hon'ble Court may be pleased to issue the Writ in
the nature of mandamus directing the Respondents to convene the
meeting of Departmental Promotion Committee for promotion to the
post of Principal (School Cadre), as per the repeated instructions
issued by the State Government, and the Respondents be further
directed to Promote the petitioners from the date they became
eligible for the same or in alternate from the date the Petitioners
have been granted the officiating charge of Principal (School Cadre)
as has been done with the Head Masters who they were granted the
Officiating Charge on the post of Principal, along with all
consequential financial benefits.
3. Before the cases at hand could be heard and decided on
their own merit, learned Additional Advocate General has made
available communication dated 09.05.2025 issued under the
signatures of Under Secretary (Education), to the Government of
Himachal Pradesh, whereby afore authority on the directions of
Secretary (Education), Government of Himachal Pradesh apprised the
office of learned Advocate General that on the recommendation of the
Departmental Promotion Committee, the Lecturer(s) School cadre and
Headmasters, who were placed in the post of Principal (School
Cadre) w.e.f 2017 to 2023, have been promoted to the post of
Principal on regular basis. Respondents also annexed notification
dated 08.05.2025 issued by the Government of Himachal Pradesh
with the aforesaid communication, perusal whereof reveals that
petitioners herein along with other similarly situate persons have been
promoted to the post of Principal (School Cadre) from the dates
mentioned in the notification supra on regular basis.
4. Learned Additional Advocate General states that on
account of aforesaid developments, nothing remains to be
adjudicated in the instant petitions.
5. Having perused aforesaid communication as well as
notification, which are taken on record, this Court is persuaded to
agree with the submission made by Mr. B.C. Verma, learned
Additional Advocate General.
6. Though at this stage, Mr. Onkar Jairath, learned counsel
for the petitioners, attempted to argue that relief, as prayed for, has
not been granted complete in all respects because petitioners herein
are actually entitled to consequential benefits from the date, they
assumed charge of the post of Principal, but they have been granted
such benefits on notional basis.
7. However, having carefully perused averments contained
in the petition, especially relief clause vis-a-vis notification dated
08.05.2025, this Court is not persuaded to agree with Mr. Onkar
Jairath, learned counsel for the petitioners. Precisely, the relief as has
been granted in all the petitions is with regard to grant of promotion to
the post of Principal, which has been granted. As far as entitlement of
consequential benefits from the date petitioners assumed charge
against the post of Principal is concerned, this Court sees no
necessity to go into that question in the instant proceedings, rather for
that purpose, petitioners are always at liberty to file appropriate
proceedings in appropriate Court of law, if so advised.
8. Consequently, in view above, present petitions are
disposed of with liberty to the petitioners to seek appropriate remedy
for redressal of their surviving grievances, notwithstanding any
observations made in the instant judgment.
Pending applications, if any, stand disposed of.
(Sandeep Sharma),
Judge
May 15, 2025
(Rajeev Raturi)
