Dr.Vijay Prashar & Ors vs State Of H.P. And Ors

Jyotsna Rewal Dua, J

CMP (T) No.56 of 2024

Allowed and disposed of.

CWPOA No.2672 of 2020

With the consent of learned counsel for the parties the matter is taken up for disposal at this stage.

This petition is filed by the petitioner praying for grant of following substantive reliefs:-

“(i) That the respondent may kindly be directed to designate the status of the Post Graduate Teacher to the applicants from the date of their initially appointment i.e.2004.

(ii). That the respondent may kindly be directed to grant initial pay start of Rs. 16,290/- from the date of regularization. i.c.18-12-2014 along with all consequential benefits and arrear.

(iii) That the respondent may kindly be directed to grant the grade pay to the applicant to the tune of Rs. 4200/-w.e.f. 2007 on appointing on contract basis and grade pay of Rs. 5400/- w.e.f. December 2016 on completing the period of probation.

(iv) That the respondent may kindly be directed to prepare the separate seniority list of the present applicant under the cadre of post Graduate Teacher (Physical Education) and further granting the seniority w.e.f. 2007.

(v). That to direct the respondent framed the recruitment and Promotion Rules for the post of PGT (Physical Education).

(vi). That the respondent may kindly be directed to grant the arrear w.e.f. 2007 and other consequential benefits to the service.

When the matter was taken up for hearing, learned counsel for the petitioners stated that the grievances raised by the petitioners and the issues involved in this petition have already been adjudicated by this Court in CWP(T) No. 2114 of 2008, decided on 03.11.2016 (Mukesh Manhas and others Vs. State of H.P. and another). He further submits that in the aforesaid judgment, the respondents have been directed to grant pay scale of School Lecturers to those Physical Education Teachers, who possess minimum educational qualification laid down by the National Council for Teachers Education and have been teaching 10+1 and 10+2 classes in the Senior Secondary Schools of the State. Learned counsel further submitted that vide judgment dated 01.12.2022, passed in CWPOA No.3157 of 2019 (Himachal Pradesh School DPE Sang & another Vs. State of H.P. & another), the respondents were directed to frame Recruitment & Promotion Rules for the post of DPE (Physical Education), who on account of teaching 10+1 and 10+2 classes are getting pay scale of Lecturers.

Learned counsel submitted that the petitioners are similarly situated persons covered by the aforesaid two judgments and are entitled to the same pay scale as granted to the School Lecturers as well as to the designation of Lecturer (PGT). However, till date they have not been granted either the pay scale or the designation of Lecturer (PGT). At this stage, learned counsel for the petitioners further submitted that the petitioners would be content, in case, respondents/competent authority are directed to consider and decide the grievances of the petitioners raised in this petition in light of the law laid down in the aforesaid two judgments, in a time bound manner. Learned Additional Advocate General is not averse to the above prayer of the petitioners.

Keeping in view the aforesaid submissions made by learned counsel for the parties and without examining the merits of the matter, this writ petition is disposed of by directing the respondent No.3 to consider and decide the case of the petitioners in accordance with law and in light of the aforesaid two judgments and in case, the petitioners are found to be similarly situated, then the benefit extended to the petitioners in the aforesaid judgments, shall also be extended to the petitioners in the instant case also. The entire exercise be completed within six weeks from today. The decision so taken be communicated to the petitioners.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.