Tej Singh Thakur & Ors vs State Of H.P. & Ors

Ranjan Sharma, J

Since representation dated 15.10.2023 (Annexure P-3), having been filed by the petitioners to the Director, Department of Elementary Education, Himachal Pradesh, is not being decided, petitioners are compelled to approach this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main relief:

(i) That a writ in the nature of mandamus may kindly be issued directing the respondents to fix the pay of the petitioners in the pay band of Rs. 10,300-34,800+4400 grade pay with additional 3% promotional increment w.e.f. 01.10.2012, as has been done with the incumbents promoted to the post of Head Teacher after 01.10.2012, with all consequential benefits and interest @ 9% per annum, in view of the judgment dated 07.07.2023 (Annexure P-1) passed by this Hon’ble Court in CWP No. 2500/2021 & connected matter, titled as Ranjit Singh & Ors. vs. State of H.P. & Ors., when the respondents vide orders dated 19.09.2023 & 21/22.09.2023 (Annexure P -2) have decided to implement the same, in the interest of law and justice.

(ii) That a writ in nature of mandamus may be issued directing the respondents to consider and decide the representation Annexure P-3, dated 15.10.2023 during the pendency of the writ petition, in the interest of law and justice.

Precisely, the grouse of the petitioners, as has been highlighted in the petition and further canvassed by Mr. Naresh Kaul, learned counsel for the petitioners is that benefit of promotional increment of Head Teacher is required to be given to the petitioners in terms of judgment dated 7.7.2023, passed by the coordinate Bench of this Court in CWP No. 2500 of 2021 a/w connected matters, titled Ranjit Singh and Ors v. State of Himachal Pradesh and Ors., but such benefit, despite there being representations, is not being granted.

Mr. Naresh Kaul, while making this Court peruse copy of office order dated 19.9.2023 issued under the signature of Director of Elementary Education, states that pursuant to judgment passed by the coordinate Bench of this Court in Ranjit Singh (supra), similarly situate persons have been already granted benefit of promotional increments to the post of Head Teacher w.e.f. 1.10.2012/the date from which the promotional increment has been released to those Head Teachers who were promoted as such, after 1.10.2012. He further states that since aforesaid judgment passed by the coordinate Bench of this Court has attained finality, rather has been given effect to, as is evident from the office order dated 19.9.2023 benefit of promotion, as prayed for in the instant petition, is required to be given to the petitioners.

While appearing and waiving notice on behalf of the respondents-State, Mr. Rajan Kahol, learned Additional Advocate General having carefully perused the judgment passed in Ranjit Singh supra vis-à-vis relief claimed in the instant proceedings, fairly states that case of the petitioners is also required to be considered and decided in light of Ranjit Singh supra. In view of the fair stand adopted by the learned Additional Advocate General, there appears to be no justification to call reply from the respondents.

Consequently, in view of the above, present petition is disposed of with direction to the respondent/Director of Elementary Education, to consider and decide representations of the petitioners dated 15.10.2023 (Annexure P-3) in light of Ranjit Singh’s case (supra), expeditiously, preferably, within four weeks. In case, petitioners are found to be similarly situate to the petitioners in the aforesaid judgment, they would be extended similar benefits. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioners and pass detailed speaking order thereupon. Liberty is also reserved to the petitioners to approach appropriate court of law at appropriate time, if they still remain aggrieved. All pending applications stand disposed of.