2025:HHC:21546 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.5168 of 2023 Decided on: 07.07.2025 _________________________________________________________________ Yashvir Singh & Ors. Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Kush Sharma, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General. Jyotsna Rewal Dua, Judge Petitioners essentially stake claim on Pay Band Rs.10300-34800 + Rs. 4200 Grade Pay (G.P.) from the date they were regularized as Junior Basic Trained Teachers (JBT). Respondents defend their action of paying Pay Band Rs.5910- 20200 + Rs.3000 (G.P.) to the petitioners for the first two years after regularization of their services and thereafter Pay Band Rs.10300-34800 + Rs.4200 (G.P.). 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2025:HHC:21546 - 2 - 2. Facts 2(i) Respondents-State notified “Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme, 2003” to recruit Primary Assistant Teachers through Panchayati Raj Institutions. All the petitioners were recruited as PATs under the aforesaid scheme in different years ranging from 2003 to 2007. 2(ii) Pankaj Kumar Vs. State of H.P. and Others2 came up for consideration before the Hon’ble Division Bench. The moot question for consideration in the said petition was “whether the selection/engagement of the teachers made in terms of the policies made by the State aimed at to provide primary education to the needy and poor hailing from tribal, hard/difficult areas, who are entitled to it as a matter of right, being a fundamental right, and are poor read with the fact that the regular/contractual teachers were not interested to work in the said areas, is illegal and not entitled for regularization?” The petitions were dismissed with following operative directions: - “49. In view of the stand taken by the State in the reply filed in CWP No. 3303 of 2012 and the stand taken in the 2 CWP No. 6916 of 20211, decided alongwith connected matters on 09.12.2014 2025:HHC:21546 - 3 - supplementary affidavit filed in CWP No. 7728 of 2013 that a large number of posts are vacant, at best, the writ petitioners can participate in the selection process. It is also a question mark whether they can make a grade in such selection process. 50. It pains us to record here that the State Government has utilized the services of the said teachers right from the year 2003, they have lost their youth and are performing their duties with legitimate expectations and the Government, after taking note of their work and conduct, as discussed hereinabove and at the cost of repetition, came forward and regularized their services and by now, they must have crossed the age of consideration and the impugned judgment has taken away their bread, not only the bread, but has affected their matrimonial home and their family and career of their children for no fault of theirs. 51. Having said so, the impugned judgment merits to be set aside and the writ petitions deserve dismissal. Accordingly, CWPs No. 6916 of 2011, 7728 and 8412 of 2013 are dismissed, LPAs No. 504, 507, 512 of 2012 & 203 of 2014 are allowed, the impugned judgment is set aside and CWP No. 3303 of 2012 is also dismissed. Pending applications, if any, are also disposed of. Interim direction, if any, shall stand vacated.” Chander Mohan Negi & Ors. Vs. State of Himachal Pradesh & Ors.3, preferred against the aforesaid decision, was dismissed by the Hon’ble Apex Court with following operative directions: - 3 Civil appeal No. 2813 of 2017 decided alongwith connected matters on 17.04.2020 2025:HHC:21546 - 4 - “13. It is true that in the initial schemes notified by the Government there was a condition that such appointees should not seek regularization/absorption but at the same time for no fault of them, they cannot be denied regularization/absorption. It is in view of the requirement of the State, their services were extended from time to time and now all the appointees have completed more than 15 years of service. For majority of the appointed teachers under the various schemes benefit was already extended and some left over candidates were denied on account of interim orders passed by this Court. With regard to Primary Assistant Teachers, it is stated that all the candidates have completed Special Teacher Training Qualifying Condensed Course and also had obtained special JBT certificate after 5 years' continuous service in terms of the Himachal Pradesh Education Code 1985. The judgments relied on by learned counsel Sri Prashant Bhushan also would not render any assistance to the case of the appellants herein for the reason that there was unexplained and inordinate delay on the part of the appellants in approaching the High Court and further having regard to explanation offered by the State about the need of framing such policies to meet the immediate requirement to fill up single teacher schools which were vacant for a very long time, having regard to topographical conditions, which is not even controverted by way of any rejoinder before the High Court. In such view of the matter, taking the totality of peculiar circumstances of these cases, we are of the that the view expressed by this Court in the judgments relied on cannot be applied to the facts of the case on hand. All the appointed candidates are working for the meagre salaries pursuant to schemes notified by the 2025:HHC:21546 - 5 - Government. Except the vague submission that such schemes were framed only to make back door entries, there is no material placed on record to buttress such submission. Further it is also to be noted that though such schemes were notified as early as in 2003, nobody has questioned such policies and appointments up to 2012 and 2013. The writ petition, i.e., C.W.P.No.3303 of 2012-A was filed in the year 2012 without even impleading the appointees as party respondents. In the writ petition there was no rejoinder filed by the writ petitioners disputing the averments of the State as stated in the reply affidavit. Having regard to nature of such appointments, appointments made as per policies cannot be termed as illegal. Having regard to material placed before this Court and having regard to reasons recorded in the impugned order by the High Court, we are of the view that no case is made out to interfere with the impugned judgment of the High Court.” 2(iii) On 05.08.2020 (Annexure P-6), respondents conveyed approval of the Government for regularization of the Primary Assistant Teachers subject to conditions mentioned in the aforesaid communication. One such condition was as under: - “3. The above mentioned regularization will be made at initial of the pay scale applicable to the post of JBT i.e. 5910-20200+3000 GP. Since this way the present pay comes to Rupees 25263; and these PATs are already getting Rupees 27,000 per month as fixed honorarium. 2025:HHC:21546 - 6 - Hence the extra amount of Rupees 1737 will be made the personal pay of each of beneficiary of this regularization and this amount will be subsumed in their future increments.” Vide order office order dated 14.08.2020 (Annexure P-9), services of the petitioners (Primary Assistant Teachers) were regularized against the posts of Junior Basic Teachers w.e.f. 05.08.2020 in the pay scale of Rs.5910- 20200+ Rs.3000 (G.P.) 2(iv) The Recruitment & Promotion Rules for the post of Junior Basic Trained Teachers Class–III (Non-Gazetted) were notified on 22.09.2017 (Annexure P-8). As per these Rules, Junior Basic Trained Teacher, upon his regularization was entitled to Pay Band of Rs. 5910-20200 + Rs.3000 (G.P.) and after two years of regular service, the JBT teacher was to be placed in pay scale of Rs.10300-34800 + Rs.4200 (G.P.). 2(v) Consequent upon regularization of petitioners’ services as Junior Basic Trained Teachers, their pay was fixed in Pay Band of Rs. 5910-20200+ Rs.3000 (G.P.). After two years of regular service i.e. w.e.f. 05.08.2022, respondents granted pay scale of Rs.10300-34800 + Rs.4200 (G.P.) to the petitioners. 2025:HHC:21546 - 7 - Raising the grievance that petitioners are entitled to Pay Band of Rs.10300-34800 + Rs.4200 (G.P.) from the date of regularization of their services, this writ petition has been filed claiming following substantive reliefs:- “a. By an appropriate writ and order, to quash and set aside the impugned condition no. 3 contained in notification dated 05.08.2020 (Annexure P-6) and similar condition as reiterated in order dated 14.08.2020 (Annexure P-9). b. By an appropriate writ, order or direction, the respondents may kindly be directed to make payment of salary on monthly basis w.e.f. 21.08.2020 after granting regular pay scale of Rs. 10300-34800+ Rs. 4200/- Grade pay, which is granted to the regular incumbent on confirmation as JBT teacher. c. By an appropriate writ, order or direction, this Hon'ble Court may kindly be pleased to issue writ of mandamus directing respondents to release the vacation salaries for the entire period the petitioners had served the respondent State against the sanctioned post of JBT teachers on PAT basis.” During hearing of the case, learned counsel for the petitioners submitted that the petitioners be permitted to seek appropriate remedy for redressal of their grievance qua relief No. ‘c’, as the aforesaid relief does not pertain to their regularization and pay scale consequent upon regularization. This payer is not opposed by the learned Deputy Advocate 2025:HHC:21546 - 8 - General. Accordingly, petitioners are permitted to seek appropriate remedy for redressal of relief No. ‘c’, in accordance with law. This writ petition has been considered and heard accordingly for petitioners’ grievance w.r.t. their entitlement to pay scale Rs.10300-34800 + Rs.4200 (G.P.). 3. Learned counsel for the petitioners submitted that respondents have not released Pay Band of Rs.10300- 34800 + Rs.4200 (G.P.) to the petitioners by considering them to be on probation period for two years post regularization of their services under office order dated 14.08.2020. Learned counsel submitted that in view of Rule No.9 of the Recruitment & Promotion Rules for the post of JBT, probation period could not have been imposed upon the petitioners. Petitioners’ regularization as JBT was not a case of appointment on contract basis, tenure basis, re-employment after superannuation or absorption. Petitioners were serving with the respondent as Primary Assistant Teachers, appointed under a special scheme. Their services were regularized as JBT, therefore, respondents could not have considered first two years of regular service rendered by the petitioners as JBT on probation period. Petitioners are 2025:HHC:21546 - 9 - entitled to Pay Band of Rs.10300-34800 + Rs. 4200 (G.P.) from the date of regularization of their services in terms of their regularization order dated 14.08.2020. In support of this prayer, attention was also invited to office letter dated 21.11.2015 (Annexure P-7) which, inter-alia, states that there will be no probation in case of appointment on contract basis, tenure basis, re-employment after superannuation and absorption. Respondents’ defence is that pay scale of Rs. 5910-20200+ 3000 (G.P.) has been rightly given to the petitioners in accordance with applicable Recruitment & Promotion Rules, for a period of two years post their regularization on 14.08.2020. Pay scale of Rs.10300-34800 + Rs.4200 (G.P.) has also been justly granted to the petitioners in accordance with notification dated 27.09.2012 (Annexure R-1). The higher pay band is admissible to the petitioners’ category/JBT only after two years of regular service. Petitioners have accordingly been released higher pay band w.e.f. 05.08.2022. Respondents have also specifically pleaded about there being no probation period prescribed for promotion to Class-III posts, JBT is a Class-III post;There will 2025:HHC:21546 - 10 - be no probation in case of appointment on contract basis, tenure basis, re-employment after superannuation and absorption. 4. Heard learned counsel for the parties and considered the case file. Petitioners’ claim for higher Pay Band of Rs.10300-34800 + Rs.4200 (G.P.) from the date of regularization of their services is misplaced. This is on account of following reasons:- 4(i) Petitioners were appointed as Primary Assistant Teachers under Primary Assistant Teachers Scheme, 2003. It was on 05.08.2020 that respondents conveyed approval of the State Government for regularization of such Primary Assistant Teachers, who fulfilled the requisite conditions. The condition No.3 incorporated in the said office communication dated 05.08.2020 was that regularization of Primary Assistant Teachers would be at the initial of the pay scale applicable to the post of JBT i.e. Rs.5910-20200+ Rs.3000 (G.P.) In this manner, monthly pay came to Rs.25,263/-. Taking note of the fact that Primary Assistant Teachers were in receipt of Rs.27,000/- per month as fixed 2025:HHC:21546 - 11 - honorarium, the extra amount of Rs.1737 was ordered to be treated as personal payment of the beneficiaries of the regularization. 4(ii). It is a matter of record that services of the petitioners- Primary Assistant Teachers were regularized by the respondents on 14.08.2020 as Junior Basic Trained Teachers in the pay scale of Rs.5910-20200+ Rs.3000 (G.P.). This was in consonance with the Recruitment & Promotion Rules for the post of Junior Basic Trained Teachers. Relevant portion from the Recruitment & Promotions Rules is being extracted hereinafter:- “1 Name of Post Junior Basic Trained Teacher 2. Number of Post(s) 19922 (Nineteen Thousand Nine hundred Twenty Two) 3. Classification Class-III (Non-Gazetted) 4. Scale of Pay i. Pay Scale for regular incumbents:- Pay band Rs.5910-20200 + Rs.3000/- Grade Pay. ii Pay band Rs.10300-34800+ Rs.4200/- Grade Pay. (Admissible after two years of regular service) iii. Emoluments for Contract employees: Rs. 8910/- P.M. as per details given in Column No.15-A.” Above extracted Rule 4 of the Recruitment & Promotion Rules depict pay scale admissible to a Junior 2025:HHC:21546 - 12 - Basic Trained Teacher. On regularization, JBT is entitled to Rs.5910-20200 + Rs.3000 (G.P.). After two years of regular service, a JBT is to be paid Pay Band of Rs.10300-34800 + Rs.4200 (G.P.). Admittedly, petitioners had been placed in the pay scale of Rs. 5910-20200+ Rs.3000 (G.P..) on the date of regularization of their services and their pay has been fixed in the Pay Band of Rs.10300-34800 + Rs.4200 (G.P.) after rendering two years of regular service. 4(iii) Petitioners’ contention that their services have been kept on probation for two years after regularization and for such reason they have not been paid higher pay Band of Rs.10300-34800 + Rs.4200 (G.P) is misconceived. The period of probation is prescribed by the following Rule No.9 of the aforesaid Recruitment & Promotion Rules:- “9 Period of probation, if any. (a) Two years subject to such further extension for a period not exceeding one year as may be ordered b the competent authority in special circumstances and reasons to be recorded in writing. (b) No probation in case of appointment on contract basis, tenure basis, re-employment after superannuation and absorption.” It is not the case of the respondents that petitioners’ services were kept on probation, after 2025:HHC:21546 - 13 - regularization of their service. The release of pay scale to JBT is in terms of Clause 4 of the Recruitment & Promotion Rules, which has got nothing to do with the probation period. There is not even any document on record to suggest that petitioners services were kept on probation after regularization of their services, and/or for this reason petitioners were placed in the Pay Band of Rs.5910- 20200+3000 (G.P.) for first two years of their regular service. 4(v) The respondents’ case plain and simple is that a regular Junior Basic Trained Teacher is entitled only to the Pay Band of Rs.5910-20200+ Rs.3000 (G.P.) and after two years of regular service, higher Pay Band becomes admissible to him. This defence is clearly borne out from the order dated 14.08.2020 regularizing the services of the petitioners as also the Recruitment & Promotion Rules. Neither the order dated 14.08.2020 nor the Recruitment & Promotion Rules are under challenge. It is not in dispute that pay scale of Rs. 5910- 20200 + Rs. 3000 (GP) on initial start as a Regular JBT and higher pay scale of Rs.10300-34800 + Rs. 4200 (G.P) on completion of two years of regular service as JBT has been 2025:HHC:21546 - 14 - granted by the respondents to all the Junior Basic Trained Teachers including the petitioners without any discrimination. 5. In view of above discussion, there is no merit in the present writ petition. The same is accordingly dismissed. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua July 7, 2025 Judge R.Atal