Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 33588 (HP)

H.P. GOVERNMENT COLLEGE PRINCIPAL ASSOCIATION v. THE STATE OF HP AND ANOTHER

CWP/18696/2025 · 2025-12-09

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18696 of 2025 Decided on: 09.12.2025 ------------------------------------------------------------------------------------- H.P.Government College Principal Association …..Petitioner Versus State of H.P. and Anr .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rajesh Kumar and Mr. Sparsh Bhushan, Advocates. For the Respondents: Mr. L.N.Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Grievance of the petitioner was noticed in the following order passed in this writ petition on 01.12.2025:- “Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. Petitioner association is espousing the cause of its members. The grievance of the petitioner is that despite issuance of notification dated 27.08.2025 (Annexure P-3), the respondents are not adhering to the same. In terms of the said notification, teachers/teaching faculty posted in Government Educational Institutions of the Education Department are entitled to sessional re-employment for the 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 academic session 2025–2026. The academic session is to come to an end on 31.05.2026 for higher education. After the issuance of the notification, five principals of the petitioner-association had superannuated. Two of them opted out of sessional reemployment in terms of the provisions contained in notification dated 27.08.2025. The remaining three were allowed to continue after their superannuation, however, against two of them, regular incumbents were posted by transfer under notification dated 03.11.2025 (Annexure P-5). As a result, only one member has been given the benefit of notification dated 27.08.2025, the other two have been shown the door. Let learned Assistant Advocate General obtain instructions as to why the benefit of notification dated 27.08.2025 is being selectively extended to eligible teachers/teaching faculty posted in Government Educational Institutions of the Education Department, and further, as to why the benefit granted to the two members of the petitioner association has been withdrawn by posting regular teachers in their place. Instructions be placed on record within two days. List on 04.12.2025.” 2. Pursuant to the above, learned Additional Advocate General has placed on record following office instructions dated 08.12.2025 from the office of the Secretary (Education), to the Government of Himachal Pradesh, conveying that the respondent-Education Department vide notification dated 06.12.2025 has issued posting orders of the Principals (Retired), who were 3 awaiting posting on their re-engagement as per the H.P. Policy of Re-engagement of Teachers as notified by the Finance Department on 27.08.2025:- “I am directed to refer to the subject cited above and to say that the matter was listed before the Hon'ble High Court on 04.12.2025, when the Hon'ble Court has granted time to have instructions in terms of previous order dated 01.12.2025. In this regard, it is humbly submitted that the Department vide its notification dated 06.12.2025 has issued posting orders of the Principals (Retired) who were awaiting posting on their re-engagement as per the H.P. Policy of Re-engagement of Teachers as notified by the Finance Department on 27.08.2025. The Copy of the aforesaid notification is enclosed herewith for the kind perusal of the Hon'ble Court. You are, therefore, requested to kindly apprise the Hon'ble Court, accordingly.” Alongwith the office instructions, notification dated 06.12.2025 has also been placed on record, that reads as under:- NOTIFICATION The Governor, Himachal Pradesh is pleased to order the posting of the following Principals (Retired) who are awaiting posting on their re-engagement as per the H.P Policy of Re-engagement of Teachers as notified by the Finance Department vide Notification No. Fin(C)-A(3)-2/2013 dated 27.08.2025 as under:- 1. Sh. Anil Kumar, Principal (College Cadre) (Retired) is hereby re-engaged at Govt. College Telka, Distt Chamba against vacancy in public interest. 4 2. Sh. Pramod Singh Patial, Principal (College Cadre) (Retired), is hereby re-engaged at Govt. College Lylh Kothi, Distt. Chamba against vacancy in public interest. The terms and conditions of re-engagement will be as per the Policy ibid.” 3. Office instructions dated 08.12.2025 and notification dated 06.12.2025 vindicate and redress the grievances of the petitioner (Association of Principals College Cadre). Learned Senior Counsel for the petitioner submits that the aforesaid documents have granted the relief claimed for by the petitioner. 4. In view of above, the present petition to stand disposed of. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua December 9, 2025 Judge R.Atal