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2025 DAILYLAW 29536 (HP)

KAMLESH KUMARI AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/15558/2025 · 2025-10-31

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15558/2025 Decided on: 31.10.2025 Kamlesh Kumari & Anr. …Petitioners Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Vaibhav Tanwar, Advocate. For the respondents: Mr. Sikander Bhushan, Deputy Advocate General. Jyotsna Rewal Dua , J Even though the reply has not been filed, however, with the consent of learned counsel for the parties, the matter is heard at this stage. 2. This writ petition has been filed for the grant of following substantive reliefs: - “1. That a writ of certiorari may kindly be issued to quash and set-aside office orders dated 22.08.2025 and 11.08.2025 {(Annexure P-3 (Colly)} in the interest of justice. 2. That a writ of mandamus may kindly be issued directing the respondents to grant to the petitioners 3% promotional increment 1Whether reporters of the local papers may be allowed to see the judgment? yes 2 w.e.f. the date of their Promotion as Head Teacher, in view of the provisions of FR 22(1)(a)(1) of FRSR with all consequential benefits @ 9% P.A. as has been laid down in case vide judgment dated 07.07.2023 passed in CWP 2500/2021 titled as Ranjit Singh and Others V/s State of Himachal Pradesh and CWP No. 5390/2024 titled as Surya Prabha & others versus State of HP, 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, in the interest of justice.” 3. The present petitioners along with others had instituted Kanta Verma & Ors. Vs. State of H.P.2 The said petition was disposed of with direction to the respondents to consider the cases of the petitioners in light of the decisions rendered in Ranjit Singh & Ors. Vs. State of H.P. & Ors.3 and Surya Prabha & Ors. Vs. State of H.P. & Ors.4. 4. The respondents passed the consideration orders on 22.08.2025 and 11.08.2025, rejecting the respective cases of the petitioners. 5. A perusal of the aforesaid impugned orders reveals that while deciding the case(s) of the petitioners, the respondents did not advert to the law laid down in Ranjit Singh & Ors3. and Surya Prabha & Ors.4. Rejection orders have been passed mechanically without due consideration of the said decisions. 2 CWP No. 11810/2025 decided on 23.07.2025 3 CWP No. 2500/2021 decided on 07.07.2023 4 CWP No. 5390/2024 decided on 28.05.2025 3 On this ground alone, this writ petition is allowed to the extent that the impugned orders dated 22.08.2025 & 11.08.2025, are quashed and set aside with direction to respondent No.3/competent authority to re-consider and decide the respective cases of the petitioners for the grant of reliefs prayed for by them, strictly in consonance with law and in light of the decisions rendered in Ranjit Singh & Ors3. and Surya Prabha & Ors.4 within a period of three weeks from today. The order so passed be also communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 31st October, 2025(rohit)