Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP Nos.14242 and 14616 of 2025
Decided on: 10th September, 2025 -------------------------------------------------------------------------------------
1. CWP No.14242 of 2025 Ajeet Kumar and Ors
…..Petitioners
Versus
State of H.P. and Anr
.....Respondents -------------------------------------------------------------------------------------
2. CWP No.14616 of 2025 Manjeet Kaur and Ors
…..Petitioners
Versus
State of H.P. and Anr
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Ashwani K. Sharma, Advocate.
For the Respondents: Mr. Rajat Chaudhary, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Both these writ petitions involve common question of facts and law, hence are taken up together for adjudication.
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
2.
Noticing the gist of petitioners’ grievances, following order was passed in CWP No.14242 of 2025 on 03.09.2025:-
“Notice. Mr. Rajat Chaudhary, learned Assistant Advocate General, appears and waives service of notice on behalf of the respondents.
2. The case set up by the petitioners is that under office order dated 23.08.2025 (Annexure P-6), petitioners have been deemed to have been regularized from
the initial dates of their appointments with all consequential benefits. On the basis of said order, petitioners’ candidature is also required to be considered for the purpose of promotion to the post of Lecturer New (School Cadre) in their respective disciplines.
Petitioners’ grievance is that respondents are only proceeding to consider the candidature of such incumbents for promotion, who were petitioners in COPC No. 266 of 2025 (Poornima Kumari and Ors Vs. Rakesh Kanwar and Anr).
3.
Learned counsel for the petitioners submits that respondents cannot confine the benefits of promotion only to the petitioners in Poornima Kumari (supra). Petitioners are also identically placed. In fact, some of them are seniors to the petitioners in the aforesaid case. Their cases are also required to be considered for promotion to the post of Lecturer New (School Cadre) in their respective disciplines, which exercise, the respondents propose to undertake by
11.09.2025.
4. In view of
submissions made for the petitioners and the grounds pleaded, it is deemed expedient and in the interest of justice to order the
3 respondents to consider the respective cases of the petitioners for promotion to the post of Lecturer New (School Cadre) in their respective disciplines, in accordance with law, applicable R&P Rules and subject to their satisfying the eligibility criteria and of course subject to their seniority. Respondents to place on record instructions within ten days. List on 09.09.2025.”
Pursuant to above, learned Assistant Advocate General placed on record tentative seniority list of TGTs (Med/N.M./ Arts) who were appointed during the years 2008, 2009, 2010 and 2011 as per order/judgment passed by this Court in CWP No. 414 of 2014 (Kuldeep Chanb Vs. State of H.P and others) decided alongwith connected matters on 24.04.2014 and LPA No. 54 of 2013 (State of H.P. and others Vs. Om Prakash) decided alongwith connected matters on 04.10.2019. In terms of circular dated 06.09.2025, respondent-Department has called for objections, if any, against the above tentative seniority list from the concerned teachers. 3. Learned Assistant Advocate General has also placed on record office instructions dated 09.09.2025 from the Director of School Education, Himachal Pradesh, which convey that: (i) Tentative seniority list has been prepared
4 vide letter dated 06.09.2025; Directions have been given to all the Deputy Directors of School Education (Elementary) in Himachal Pradesh to verify particulars of incumbents from the concerned schools/office records and (ii) Names of petitioners in CWP No.14242 of 2025 (Ajeet Kumar and Ors Vs. State of H.P. and Anr) fall in the tentative seniority list at Sr. Nos. 1778, 1664, 1441, 2113, 1803, 1447, 1534, 1694, 1814, 2043, 1831, 569, 471, 460, 2404, 1842, 2399, 2623, 1760, 1932 and 2377, respectively; And names of petitioners in CWP No. 14616 of 2025 (Manjeet Kaur and Ors Vs. State of H.P. & Anr.) fall in the tentative seniority list at Sr. Nos. 358, 2603 and 783, respectively. 4.
Learned Assistant Advocate General, on the basis of instructions imparted to him, submits that the respondents while considering the candidatures of incumbents for their promotions to the post of Lecturer New (School Cadre) in their respective disciplines, including that of petitioners shall not disregard their seniority positions subject to corrections carried out in the tentative seniority list and also subject to their satisfying eligibility criteria in terms of the applicable Recruitment & Promotion Rules. 5
The candidature of petitioners shall be considered for promotion to the post of Lecturer New (School Cadre) in their respective disciplines in accordance with law. 5. In view office instructions, the submissions made and the assurance given by learned Assistant Advocate General, the present writ petitions to stand
disposed of.
Pending miscellaneous application(s), if any, also to stand disposed of.
Jyotsna Rewal Dua September 10, 2025
Judge R.Atal