IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11849 of 2025 Date of Decision: 8.10.2025 _____________________________________________________________________ Uttam Ram ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Nand Lal Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main reliefs: “1. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents, particularly the Director of Elementary Education, Himachal Pradesh, to consider the case of the Petitioner for reservation in promotion under the Persons with Benchmark Disabilities (PwBDs) category in accordance with: (a) The binding judgment of the Hon’ble Supreme Court in Rajeev Kumar Gupta vs. Union of India [(2016) 13 SCC 153], (b) Siddaraju vs. State of Karnataka ](2020) 8 SCC 204], (c) The order dated 18.7.2023 in Contempt Petition © no. 873/2023, and (d). Government of Himachal Pradesh’s instructions issued by the Secretary (Personnel) vide Office 2 memorandum dated 27.08.2024 and earlier dated 06.07.2022. 2. Direct the Respondents to convene a Review Departmental Promotion Committee (DPC) in terms of the instructions dated 27.08.2024 and to consider the Petitioner’s promotion on a notional basis w.e.f. 30.06.2016, subject to his eligibility and suitability under applicable rules. 3. Further direct the Respondents to assess and create supernumerary posts, if required, for the Petitioner and similarly situated PwBD employees, in compliance with Clause 5(v) of the instructions dated 27.08.2024, for the purpose of granting reservation in promotion without disturbing existing seniority lists. 4. Direct the Respondents to dispose of the Petitioner’s representations dated 04.09.2024 and [insert ay subsequent date(s)], in a time-bound manner and to grant all consequential benefits, including seniority and eligibility for further promotion, from the notional date.” 2. Precisely, the grouse of the petitioner is that he is required to be considered for promotion under the category of Persons with Benchmark Disabilities in accordance with law. Though Hon’ble Apex Court in Rajeev Kumar Gupta (supra) as well as Siddaraju has already directed the respondents-State to provide reservation in promotion to the persons with Persons with Benchmark Disabilities, coupled with the fact that respondent-State in terms of afore judgment has also issued notification in that regard, but case of the petitioner, who is suffering from benchmark disability, is not being considered for promotion to the post of TGT. 3 3. Pursuant to notices issued in the instant proceedings, respondents-State has filed reply under the signature of Director of School Education, perusal whereof reveals that Committee already stands constituted under the Chairmanship of Joint Controller (F&A) vide office order dated 9.2.2024. Besides above, all Deputy Directors have been directed to submit fresh medical certificates of all concerned eligible teachers alongwith proforma for granting notional benefits w.e.f. 30.6.2016 to the PwDs employees. Though most of the teachers have submitted their medical certificates in the Directorate concerned through concerned Deputy Directors, but since some of the teachers have not submitted the concerned certificates, necessary decision with regard to promotion of the petitioner could not be taken. It is specifically averred in the reply that once all the necessary documents are received, promotion will be finalized shortly. 4. Consequently, in view of the fair stand adopted by the respondents, nothing remains to be adjudicated in the instant proceedings and accordingly present petition is disposed of with direction to the respondents to ensure that final decision with regard to promotion of the petitioner considering him to be Persons with Benchmark Disabilities, is taken expeditiously, preferably, within two months. Pending applications, if any, stand disposed of accordingly. October 8, 2025 (Sandeep Sharma), Manjit Judge