Shyam Lal vs State Of Himachal Pradesh & Others

Ajay Mohan Goel, J

The grievance of the petitioner was with regard to the wrong reflection of his date of appointment as Head Teacher in the final seniority list so issued of the Head Teachers by the Department.

Brief facts necessary for the adjudication of the present petition are as under:­

Petitioner was initially appointed as a voluntary Teacher and on completion of nine years of service as such, his services were regularized as Junior Basic Trained Teacher w.e.f. 01.09.1995, as is evident from Annexure P­1. Thereafter, petitioner stood promoted to the post of Head Teacher. When the tentative seniority list of Head Teachers as it stood on 09.10.2012, was issued by the Department, vide Communication dated 08.10.2012 (Annexure P­2), in the same, the name of the petitioner was reflected at serial No.142 and the date of his initial appointment as a Junior Basic Trained Teacher was reflected therein as 01.09.1995. As the petitioner was not aggrieved by the said entry, therefore, but obvious he did not make any representation against the said tentative seniority list. However, when the final seniority list of Head Teachers of Solan district, as it stood on 31.12.2017, was issued by the respondents­department on 11.04.2018, vide Annexure P­3, the date of initial appointment of the petitioner as Junior Basic Trained Teacher was reflected as 27.11.1995 instead of 01.09.1995. His name was reflected in the said seniority list as serial No.424.

Feeling aggrieved, the petitioner approached this Court with the prayer that directions be issued to the authority to carry out necessary corrections in the final seniority list so that the date of his appointment as Junior Basic Trained Teacher be reflected as 01.09.1995.

The Court stands informed that vide Corrigendum dated 26.08.2020, copy of which is handed over by learned Additional Advocate General alongwith instructions so imparted to him, which is ordered to be taken on record, the initial date of joining of the petitioner in the final seniority list of the Head Teachers as it stood circulated on 11.04.2018, stands corrected and now the same stands reflected as 01.09.1995.

Learned Counsel for the petitioner submits that in view of the subsequent developments, the grievance of the petitioner stands satisfied. Accordingly, as the grievance of the petitioner stands redressed now, the petition is accordingly disposed of, with the direction that the petitioner shall be considered for further promotion due, if any, by taking his initial date of appointment as Junior Basic Trained Teacher as 01.09.1995 and in the interregnum, if any person junior to him has been given any further promotion, then necessary Department Promotional Committee be held as expeditiously as possible to confer upon the petitioner also due and admissible promotion. Pending miscellaneous applications, if any, also stand dismissed. Interim order, if any, stands vacated.