Kiran Rana And Others vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Even though the respondents have not filed reply to t e writ petition, however, with the consent of learned counsel for the parties, the matter is heard at th s stage.

This writ petition has been filed for grant of following substantive reliefs:-

(i) Issue the writ in the nature of Certiorari quashing and setting aside the order 26.04.2025 (annexure P-3), wherein the respondents have illegally and arbitrary have rejected the case of petitioner for the grant of promotional increment to the post of Head Teacher.

(ii) Issue the Writ in the nature of Mandamus directing the respondents to grant the petitioners 3% promotional increment w.e.f. the date of their promotion as Head Teacher, in view of the provisions of FR22(1)(a)(1) of FRSR with all consequential benefits @9% P.A as has been laid down in case vide judgment dated 07.07.2023 passed in CWP No. 2500/2021 titled as Ranjit Singh and Others versus State of Himachal Pradesh alongwith other connected matters, wherein it has been held that the Head Teachers are entitled for promotional increment in view of the provisions of FR22(1)(a)(1) of FRSR.”

Learned counsel for the petiti ners submits that even though the responden s have rejected the case of the petitioners for grant of p omotional increment vide impugned office order dated 26.04.2025, however, they are required to c nsider the case of the petitioners afresh for the reason as subsequent to the impugned order, the matter was adjudicated upon and the said relief was granted in Surya Prabha and others Versus State of H.P. and others. CWP No.5390 of 2024, decided on 28.05.2025 Learned counsel further submits that the petitioners will be satisfied in case the the respondents/competent authority(s) are directed to consider the cases of the petitioners afresh for grant of promotional increment to the post of Head Teacher in light of the aforesaid judgment. Learned Additional Advocate General appearing for the respondents is not averse to this prayer.

4.In view of above, the impugned office order dated 26.04.2025 is quashed and set-aside with direction to respondent No.3/competent authority to consider and decide the case of the petitioners for grant of promotional increments to the post of Head Teacher in accordance with law as well as taking into c nsideration the above judgment in the case of Surya Prabha2 by passing appropriate order, within a pe iod of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.

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