Himachal Pradesh High Court
______________________________________________________________ vs State Of H.P. & Ors on 28 December, 2024
Bench: Tarlok Singh Chauhan, Sushil Kukreja
( 2024:HHC:1163 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No. 5764 of 2020
Decided on: 12.03.2024
______________________________________________________________
Arun Dutt Sharma & Ors. ....Petitioners
Versus
State of H.P. & Ors. ....Respondents
_
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Sushil Kukreja, Judge.
_______________________________________________________________
Whether approved for reporting?1
For the petitioners : Mr. Tarun K. Sharma and Mr.
Ranbir Rathore, Advocates.
For the respondents : Mr. I.N. Mehta, Senior Additional
Advocate General with Mr.
Ramakant Sharma, Mr. Navlesh
Verma and Ms. Sharmila Patial,
Additional Advocates General.
Tarlok Singh Chauhan, Judge (oral)
The instant petition has been filed for the grant
of following substantive relief:
“That the respondents may kindly be directed to
treat the applicants as regularly appointed
Trained Graduate Teacher from the date of their
initial appointment, i.e. w.e.f. 14.11.2008 &
25.11.2008, respectively, with all consequential1Whether reporters of Local Papers may be allowed to see the judgment?
2 ( 2024:HHC:1163 )
benefits as per old Recruitment & Promotion
Rules, 1973.”
2. Even though, the respondents have not filed
their reply, however, we find that the relief, as sought by
the petitioner, has already been adjudicated upon by the
School in number of cases. Reference in this regard can
conveniently be made to batch of petitions, lead case being
CWP No. 7602 of 2010, titled Om Prakash Vs. State of H.P.
& Ors., decided on 02.05.2012, then, CWP No. 10533 of
2023, titled Amin Chand Sharma & Ors. Vs. State of H.P.
& Ors., decided on 21.12.2023, by the learned Single
Bench of this Court.
3. Not only this, the matter appears to have been
assailed by the State before the learned Division Bench of
this Court in batch of appeals, lead case being LPA No. 21
of 2013. However, those LPAs also came to be dismissed
vide order dated 04.10.2019.
4. The respondentsState have not been able to
controvert this position. Accordingly, we deem it
appropriate to allow this petition by directing the
respondentsState to treat the petitioners as regularly
appointed Trained Graduate Teacher from the date of their
3 ( 2024:HHC:1163 )
initial appointment, i.e. w.e.f. 14.11.2008 & 25.11.2008,
respectively.
5. In the given facts and circumstances of the
case, the petitioners shall be allowed consequential
benefits of seniority and fixation. However, arrears shall be
restricted to only three years prior to the filing of earlier
petitions being Original Applications No. 1746 of 2017,
1872 of 2017, 2130 of 2017 and 2921 of 2017,
respectively, qua petitioners No. 78 to 80, 8285, 8788
and 92 alongwith other petitioners.
The petition is disposed of in the aforesaid
terms, so also pending application(s), if any.
( Tarlok Singh Chauhan )
Judge
( Sushil Kukreja )
12 th
March, 2024 Judge
(raman)