2026:HHC:25168 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 14984 of 2025 Decided on 29th June, 2026 Kirna Devi …Petitioner Versus State of HP and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? Yes. For the petitioner: Mr. Parav Sharma, Advocate. For the respondents: Mr. Rajpal Thakur, Additional Advocate General, for respondents No.1 & 2. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia,prayed for the following relief:- “i. That the impugned office order dated 21.08.2025 (Annexure P-5) may very kindly be quashed and set aside to the extent persons junior to the petitioner i.e., Respondent No. 3 & 4 have been promoted to the post of Lecturer (Hindi) and the respondents may very kindly be directed to promote the petitioner to the post of Lecturer (Hindi) from the date when the persons junior to the petitioner have been promoted i.e., 21.08.2025 with all consequential benefits, in the interest of justice” 2026:HHC:25168 2. When this case was listed on 27.5.2026, the following order was passed:- “Learned Deputy Advocate General has handed over instructions dated 26.05.2026, received from Directorate of School Education, Shimla, H.P., along-with which instructions issued by the Department of Personnel, dated 03.12.2024, are appended. In terms of these instructions, in case, where there is more than one promotional channel from the feeder post, option invariably has to be invited every calendar year from the Officer/Official in the feeder category. Learned Deputy Advocate General submits that in the present case, as the petitioner did not exercise her option in the calendar year when the promotions were made, therefore, she was rightly not considered for promotion. On the other hand, learned counsel for the petitioner submits that the petitioner had exercised her option in the year 2024 and, therefore, it was not incumbent upon her to have had exercised the option again. He submits that this is more so in light of the fact that no promotions were made in the year 2024. Prima facie this Court does not concur with the submissions of learned counsel for the petitioner for the reason that as the instructions are to the effect that this option has to be exercised every year, then the petitioner cannot take the plea that the option exercised by her in the previous calendar year should be construed to be continued. However, as instructions dated 03.12.2024, demonstrate that option is to be exercised when incumbent is called upon to exercise the option, learned Deputy Advocate General to assist the Court as to whether in the calendar year when promotions were effected, for which promotions the petitioner was not considered, Department called upon the incumbents to exercise option or not. Let needful be done, by the next date of hearing. List on 29.06.2026.” 3. Today, learned Additional Advocate General has placed on record instructions received from Director of School 2 2026:HHC:25168 Education, Himachal Pradesh, which read as under:- No. EDN(SE)-H(13) LC-411/2025 Directorate of School Education Himachal Pradesh Dated Shimla-171001 the 2026. To The Ld. Advocate General, Hon'ble High Court, Himachal Pradesh, Shimla. Subject: CWP No. 14984/2025 titled as Kirna Devi Vs. State of H.P. and others. Sir, I have the honour to refer to above titled Civil writ petition which is pending adjudication before the Hon'ble Court. This writ petition was listed before the Hon'ble Court on 27-5-2026 when the Hon'ble Court was pleased to pass the following directions: "Prima facie this Court does not concur with the submissions of learned counsel for the petitioner for the reason that as the instructions are to the effect that this option has to be exercised every year, then the petitioner cannot take the plea that the option exercised by her in the previous calendar year should be construed to be continued. However, as instructions dated 03.12.2024, demonstrate that option is to be exercised when incumbent is called upon to exercise the option, learned Deputy Advocate General to assist the Court as to whether in the calendar year when promotions were effected, for which promotions the petitioner was not considered, Department called upon the incumbents to exercise option or not. Let needful be done, by the next date of hearing. List on 29.06.2026." In this regard it is submitted that while calling afresh cases/options for the year 2025 for the promotion of lecturer from in-service teachers having Master Degree on 21-2-2025 it was clearly mentioned that claim of promotion on the basis of earlier submitted cases will not be entertained. Copy of letter dated 21-2-2025 regrdaing option/biodata is enclosed herewith 3 2026:HHC:25168 It is therefore, requested that the Hon'ble Court may kindly be apprised accordingly on the next date of hearing, please. Yours faithfully Sd/- Director of School Education Himachal Pradesh” 4. Alongwith the instructions, a communication dated 20.2.2025, issued by the Director of Higher Education Himachal Pradesh to all the Deputy Directors of Elementary/Higher Education in HP, All the Principals in Government Senior Secondary Schools in HP and all the Head Masters in Government High Schools in HP, on the subject, “regarding option/bio-data for promotion to the post of Lecturer(School New) by in-service TGTs for year, 2025,” is also appended, which reads as under:- “Subject:- Regarding option/bio-data for promotion to the post of Lecturer(School New) by in- service TGTs for year, 2025. Memo, On the subject cited above, it is informed to all the concerned that department is going to fill up various posts of Lecturer (School-New) by way of promotion. Since there are two channel of promotion for TGT i.e. Head Master Cadre and Lecturer(School-New) cadre, therefore in the light of instructions issued by Department of Personnel Government of HP on dated 03.12.2014 (which is available on departmental website) a fresh cases are being called amongst eligible TGT's on Proforma-1 (Mandatory for all eligible TGT willing for promotion in Lecturer(School-New) cadre) through proper channel duly verified and recommended by the Principal/Headmaster and Deputy Director Elementary 4 2026:HHC:25168 Education concern. The claim of promotion on the basis of earlier submitted case will not be entertained. The Deputy Director of Elementary Education will further consolidate the panel information on Proforma-II at their level and will submit the same in consolidated manner to Director Elementary Exlucation on or before 10.03.2025 alongwith all relevant documents. All the particulars of the panel will be verified by the Director Elementary Education being appointing authority of TGT on prescribed Proforma-II and accordingly final panel will be prepared at this Directorate level. Any correspondence or case directly forwarded to this Directorate will not be entertained. It is informed that once candidate is promoted as per the option exercised such candidate will neither be entitled for consideration for promotion in the other channel nor will be allowed to withdraw the option, so exercised option shall be treated as final and irrevocable for entire service career. It will be sole responsibility of an individual as well as Principal/ Headmaster concerned that the case may be sent only after availability of consolidated certificate of Master degree and provisional certificates may not be entertained in any case otherwise defaulter will be viewed seriously. The candidates claiming promotion in SC,ST and Specially able category may submit relevant certificate to justify their candidature. The candidates having master degree in more than one subject are directed to opt in one subject only otherwise department will be at liberty to consider candidature in any subject. The candidates having. Master Degree in Public Aminstration will be considered in Political Science subject. The eligibility of five years regular service will be ranckoned as on 10.03.2025 and mentioning of TGT final seniority number in proforma-1 is mendatory, no case without TGT seniority number will be entertained.” 5. A perusal of the said communication dated 20.2.2025 demonstrates that in terms thereof, it was made clear that fresh options were being invited from amongst eligible TGTs for promotion, i.e. Lecturers, School Cadre and it was also mentioned therein that the claim of promotion on the basis of earlier submitted cases will not be entertained. 5 2026:HHC:25168 6. Thus, in light of the above, in the year 2025, options were sought from the eligible candidates and as the petitioner has not exercised any option for the year 2025 and was harping upon the option exercised by her in the year 2024, no relief can be granted to her, as communication dated 20.2.2025 is expressly clear that fresh options were to be exercised by all concerned and no claim of promotion on the basis of earlier submitted option will be entertained. 7. In the light of the above discussion, this Court finds no reason to keep the petition pending and the same is accordingly dismissed, so also pending miscellaneous applications, if any. (Ajay Mohan Goel) Judge June 29, 2026 (Guleria) 6