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2025 DAILYLAW 16362 (HP)

SHEELWANTI MELO v. THE STATE OF HP AND OTHERS

CWP/10008/2025 · 2025-06-26

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.10008 of 2025 Decided on: 26th June, 2025 _________________________________________________________________ Sheelwanti ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Rajul Chauhan, Advocate. For the respondents: Mr. Y.P.S.Dhaulta, Additional Advocate Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for grant of following substantive relief:- “i) That Your Lordships may further graciously be pleased to issue the Writ in the nature of Mandamus directing the respondents to grant the Petitioner 3% promotional increment w.e.f. the 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - date of his Promotion as Head Teacher, in view of the provisions of FR 22(I)(a)(1) of FRSR with all consequential benefits @ 9% P.A as has been laid down in case vide judgment date 07.07.2023 passed in CWP 2500/2021 titled as Ranjit Singh and Others V/s State of Himachal Pradesh along with other connected matters, wherein it has been held that the Head Teachers are entitled for promotional increment in view of the provisions of FR 22(1)(a)(1) of FRSR..” 3. Learned counsel for the petitioner submits that the relief prayed for and the issue involved in this writ petition have already been adjudicated in Ranjit Singh & Ors Vs. State of H.P. and Ors2 and Surya Prabha and Ors Vs. State of H.P. and Ors.3. Learned counsel for the petitioner further submits that in this regard petitioner has preferred a representation dated 23.03.2025 (Annexure P-5) to respondent No.2 for claiming the above relief. Learned counsel further submits that the petitioner would be content in case respondent No.2/competent authority is directed to decide the aforesaid representation within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer. 4. Having regard to the afore-submissions, but 2 CWP No. 2500 of 2021, decided on 07.07.2023 3 CWP No.5390 of 2025 decided on 28.05.2025. - 3 - without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the aforesaid representation of the petitioner in accordance with law and in light of aforesaid decisions, within a period of six weeks from today. The decision so arrived at, shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 26, 2025 Judge R.Atal