2025:HHC:45490 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.3094 of 2019 Decided on: 23.12.2025 __________________________________________________________ Devender Kumar [since deceased] Through his LRs ...Petitioners Versus State of Himachal Pradesh and another ...Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting?. No For the petitioner: Mr. Manish Sharma, Advocate. For the respondents: Mr. Navlesh Verma, Additional Advocate General. Ranjan Sharma, Judge Original petitioner Devender Kumar [since deceased] and 11 others, have filed Civil Writ Petition No. 8143 of 2013, which was transferred to State Administrative Tribunal; and upon abolition of Tribunal the matter came to be re-transferred to this Court, as CWPOA No.3094 of 2019, seeking the following reliefs :- “(i). The respondents may very kindly be directed to consider the petitioners as members of service in the cadre of Lecturers (School Cadre) and to assign them seniority as per Rules from the date of their appointment. (ii). That the respondents may kindly be directed to give same pay scale to the petitioners as is being paid to the regular Lecturers (School Cadre) alongwith 2025:HHC:45490 - 2 - increment as admissible under the law on completion of one year of service and arrears thereof be paid to the petitioners alongwith interest. (iii). That the petitioners may kindly be given the leave and other service benefits as is being given to the regular appointed Lecturers (School Cadre). The petitioner may also be held entitled for all the allowances which are being paid to the regular teachers/Lecturers (School Cadre) and after allowing the petitioners the same allowances as is admissible to the regular Lecturers (School Cadre), the respondents may be directed to pay the same alongwith interest to the petitioners. (iv). That the respondents may kindly be directed to deduct the amount from the salary of the petitioners towards contributory Provident Fund from the date of their initial appointment. (v). That the contract which has been signed by the petitioners may be held illegal to the extent it deprives the petitioners from their rights being against the law and public policy.” FACTUAL MATRIX: 2. Grievance of the petitioners is that pursuant to the Advertisement dated 17.02.2009 [Annexure P-1] they were appointed as Lecturers (School Cadre), on contract basis. It is averred that the appointment as contractual Lecturers was dehors the Service Rules of 1973 which provided for regular nomenclature of appointment as School Lecturer. It is averred that 2025:HHC:45490 - 3 - the contractual mode of appointment as Lecturer (School Cadre) was inserted in the Recruitment & Promotion Rules, as per Notification dated 11.06.2009 [Annexure P-4] and therefore, in this background, it is prayed that the petitioners may be treated as regular appointees School Lecturers from the date they were appointed as Lecturers on contract basis with all consequential benefits. STAND OF STATE AUTHORITIES IN REPLY- AFFIDAVIT: 3. Pursuant to the issuance of notice, the State Authorities have filed the Reply-Affidavit dated 21.02.2014 of Director of Higher Education, Himachal Pradesh. 3(i). In the Reply-Affidavit State Authorities have taken a stand that the contractual appointment was given to the petitioners in view of Rule 15-A of Recruitment and Promotion Rules whereby, contractual nomenclature of recruitment was introduced in said Rules and the petitioners have no valid claim for regular appointment and therefore, the prayer of the petitioners was opposed by the State Authorities. 2025:HHC:45490 - 4 - INTERVENING DEVELOPMENTS: 4. During hearing, Learned Counsel for the petitioners, places reliance on the judgment of Coordinate Bench of this Court in Ajay Kumar Thakur and others versus State of Himachal Pradesh and others, CWPOA No.1695 of 2019, decided on 04.10.2024, to assert that the benefit of deemed regular appointment as School Lecturers has been granted to other similar incumbents who were appointed as Lecturers on contract basis like the petitioners and therefore, the petitioners may be granted same benefits as given to the petitioners in Ajay Kumar Thakur (supra). 4(i). Learned Counsel further submits that the Respondent No.2-Director of School Education, has issued an Office Order on 10.09.2025 [Taken on Record] to establish that the petitioners have been granted the benefit of deemed appointment as School Lecturers from the date they were appointed as Lecturers on contract basis. ORDERS DATED 13.10.2025 PASSED BY THIS COURT: 5. Based on the submission made by Learned 2025:HHC:45490 - 5 - Counsel for petitioners, this Court passed an order on 13.10.2025, directing the State Authorities to have Instructions, as to whether the admissible consequential benefits including pay fixation, annual increments and past monetary benefits for 3 years prior to the filing of the writ petition have been released to the petitioner or not. The orders dated 13.10.2025, reads as under: “Learned counsel for the petitioner states that the petitioners are seeking the benefit of the judgment passed by the Co-ordinate Bench of this Court in Ajay Kumar Thakur and others versus State of Himachal Pradesh, CWPOA No. 1695 of 2019, decided on 04.10.2024. Learned counsel for the petitioner further submits that the Director of School Education, Himachal Pradesh has issued Office Order dated 10.09.2025, to assert that in compliance to the judgment in the case of Ajay Kumar[supra] the benefit of deemed regular appointment as lecturers [School Cadre] has been granted at its own level by the State Authorities, upon approval of the State Government. In this background, the only surviving grievance is that though the petitioners in the instant case have been granted the benefit of deemed appointment as lecturers [School Cadre], from the date of their initial contractual appointments, in terms of Office Order dated 10.09.2025 [taken on record], therefore, the only grievance is with respect to the claim and entitlement for consequential benefits including refixation of pay and 2025:HHC:45490 - 6 - the admissible monitory benefits as the present petitioners had invoked jurisdiction of this Court by filing the present petition [CWP No. 8143 of 2013, converting CWPOA No. 3094 of 2019 on 04.10.2023. Faced with this situation, Learned State counsel prays for and is granted three weeks time to have instructions regarding the release of admissible consequential benefits including refixation of pay, annual increments and the past monetary benefits for three years prior to the filing of the instant petition. Let instructions be obtained and furnished to this Court. Matter be listed in the week commencing from 15th December, 2025.” 5(i). Upon listing of the case today, State Authorities have failed to furnish Instructions in terms of order dated 13.10.2025. Be that as it may. DISCUSSION: 6. Material on record indicates that State Authorities have accorded the benefit of deemed regular appointment to the petitioners as Lecturers (School Cadre), in compliance to the judgment passed by the Coordinate Bench of this Court, in the case of Ajay Kumar Thakur (supra), by passing Implementation Orders on 10.09.2025 [already on record]. That being so, this Court, sees no reason, to keep 2025:HHC:45490 - 7 - the matter pending any more hereinafter. Even, a perusal of the Office Order dated 10.09.2025 issued by Respondent No.2 (now Director of School Education, Himachal Pradesh) admits that pursuant to grant of deemed regular appointment, the monetary benefits from three years preceding the date of filing of the petition, are required to be passed by Principal/DDO concerned as per the orders to be passed by this Court/High Court in the matter. In these backdrop, this Court closes the matter with directions herein. DIRECTIONS: 7. In view of above discussion and for the reasons recorded hereinabove, the present petition is disposed of, in the following terms: “(i) Prayer of petitioners to treat them as regular Lecturers (School Cadre) from date of initial contractual appointment, which stands accorded in terms of Office Order dated 10.09.2025 issued by Respondent No.2- State Authorities is affirmed; (ii). Consequent upon grant of deemed regular appointment as Lecturers (School Cadre) on 10.09.2025, the State Authorities are mandated to reschedule all service benefits, including pay fixation, annual increments, ACPs, seniority etc. from due dates, within three months from today; (iii). State Authorities shall release monetary benefits commencing from 3 years prior to filing of the petitioner [filed on 04.10.2013] 2025:HHC:45490 - 8 - to the petitioners with all consequential benefits; (iv). Upon grant of regular appointment as Lecturers (School Cadre) in order dated 10.09.2025, the State Authorities shall assign seniority to petitioners at proper place, in the cadre; (v). Entire exercise for releasing consequential benefits be completed within two months from today; (vi). Non releasing of monetary benefits including consequential benefits shall entitle petitioners for interest @ 5% per annum, after expiry of two months till realization; (vii) Parties to bear respective costs. In aforesaid terms, the instant petition is disposed of alongwith all pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) Judge 23rd December, 2025 [himani]