2026:HHC:903 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.18558 of 2025 Decided on: 05.01.2026 _________________________________________________________________ Beasa Thakur ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Sparsh Bhushan, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Petitioner superannuated on 30.11.2025. She seeks applicability of notification dated 27.08.2025 in order to continue to serve the respondent till currency of ongoing academic session 2025-26. 2. The facts. 2(i) Petitioner served as Junior Tailor Mistress (JTM) w.e.f. 04.02.2000 in the Industrial Training Institute (Women) (ITI) Mandi. She was promoted as Head Craft Mistress 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2026:HHC:903 - 2 - (HCM) on 07.06.2022 in the pay level-12, in the Pay Band of Rs.10300-34800 + 4200 (Grade Pay). 2(ii) Respondents-State issued a notification on 27.08.2025, ordering sessional re-employment of teachers/teaching faculty posted in the Government Educational Institutions of Education Department, Technical Education, AYUSH Education and Medical Education Departments of the State for ongoing academic session 2025- 26. The relevant portion of the notification reads as under: - “GOVERNEMNT OF HIMACHAL PRADESH FINANCE(REGULATIONS) DEPARTMENT No. Fin (C)-A(3)-2/2013 Dt., Shimla-171002, the 27th August 2025 NOTIFICATION The Governor, Himachal Pradesh is pleased to order that the teachers/teaching faculty posted in Government educational institutions of Education Department, Technical Education, AYUSH Education and Medical Education departments of the State Government shall be sessional re- employed for ongoing academic session 2025-2026 as per following criteria: - 1. All such teachers/teaching faculty who would otherwise have retired from service on completing normal age of superannuation on any day falling between the date of this notification and the last day of the previous month of the ending month of the ongoing academic session, shall, except in case of their otherwise voluntary opt out option, continue in service, and shall be deemed to be sessional re-employed after the date of superannuation up to the specified date of the end of the ongoing academic session as per the ANNEXURE A. 2. Provided that during the aforesaid period of re- 2026:HHC:903 - 3 - employment, such teachers shall be paid remuneration equivalent to the difference between their last pay drawn and the full pension admissible to them. 3. Further provided that, other than regular monthly pension starting from the normal age of superannuation, all other retiral benefits due on the date of actual superannuation, such as gratuity, leave encashment, final General Provident Fund, commutation of pension etc. as the case maybe, shall be payable and settled only after the completion of such sessional re-employment. 4. The voluntary option to opt out of this sessional re- employment shall be submitted to the Head of Office or Head of Department, well before 60 days of attaining the normal age of superannuation. This opt out option is to be submitted in four copies on a form of option/undertaking as per the proforma at ANNEXURE-B. 5. The teachers/teaching faculty in whose cases the date of superannuation is before the expiry of 60 days from the date of this notification, they may exercise opt out option at any time before the date of their superannuation and after the issue of this notification. 6. The end date of the ongoing academies session of each category of educational institutions shall be deemed to be as per ANNEXURE-A for the purpose of this notification.” Petitioner, vide Annexure P-5, represented for extending benefit of the aforesaid notification in her favour to allow her to continue to serve the institute till completion of academic session 2025-26. 2(iii) Respondent No.2-the Director Technical Education, Vocational and Industrial Training Sundernagar, District Mandi, vide its letter dated 19.11.2025 (Annexure P- 2026:HHC:903 - 4 - 2) conveyed that posts of Group Instructor and Head Craft Mistress in ITIs are supervisory in nature, therefore, these posts do not fall within the purview of notification issued on 27.08.2025. Feeling aggrieved, petitioner instituted this writ petition on 24.11.2025, claiming following substantive relief:- “(i) That an appropriate writ, order or directions may kindly be issued and the impugned Notification dated 19.11.2025, Annexure P-2, may kindly be quashed and set aside with further directions to the respondent to allow the petitioner to avail the benefit of sessional reemployment being a part of teaching faculty in government industrial training institutes in the interest of law and justice.” Petitioner retired on 30.11.2025 on attaining the age of superannuation. 3. 3. Learned Senior Counsel for the petitioner referred to the documents placed on record as Annexure P-4 (colly) to highlight that petitioner had been directed by the Principal of the concerned ITI to take certain specific classes mentioned in the some office letters [part of Annexure P-4 (colly)]. Learned senior Counsel for the petitioner also invited attention to Annexure P-6, appended alongwith the rejoinder to support his submission that petitioner had been taking teaching classes. It was urged that petitioner was member of 2026:HHC:903 - 5 - teaching faculty and thus eligible for continued service till the ongoing academic session 2025-26 as per notification dated 27.08.2025. Annexure P-7 was also referred to, whereunder, respondents had conferred the benefit of notification dated 27.08.2025 to the Headmasters/ Principals serving in Government Schools/Colleges in the Education Department. The above submissions have been opposed by the respondents. Learned Assistant Advocate General on the strength of reply filed by the respondents, submitted that though the post of JTM falls in teaching faculty, which otherwise has now been declared as dying cadre, but post of HCM is only a supervisory post with supervisory duties. The post of HCM is not a teaching post. The role and responsibilities as also the pay level of HCM is similar to that of Group Instructors of the ITIs. The post of HCM is created only in the women ITIs. The said post being not a teaching faculty post, is not covered under the notification dated 27.08.2025. With regard to certain documents placed on record by the petitioner for her having rendered teaching duties, more particularly, during the months August to 2026:HHC:903 - 6 - October 2025, it was submitted that temporary teaching duties were assigned to the petitioner in the absence of regular instructors/teachers. The arrangements were only to ensure continuity of training for short duration. Such arrangements would not confer status of teaching faculty upon the supervisory staff. On facts, submission was made that class training charge was thereafter, duly handed to one Smt. Asha Devi, Instructor Sewing Technology, who was deployed to Government ITI, Mandi having been declared surplus due to non-admission in second unit of Sewing Technology Trade at ITI Chachiot, District Mandi for academic session 2025-26. 4. Heard learned counsel for the parties and considered the case file. 4(i) Notification dated 27.08.2025, enables the teachers/ teaching faculty posted in Government Educational Institutions of Education Department, Technical Education, AYUSH Education and Medical Education Departments of the State for sessional reemployment for ongoing academic session 2025-26. Petitioner as Head Craft Mistress in Government Industrial Training Institute cannot be said to 2026:HHC:903 - 7 - be a teacher/teaching faculty to fall within the purview of notification dated 27.08.2025. 4(ii) There is no dispute that post of HCM is equivalent to that of Group Instructor. The post of HCM carries the role and responsibilities as also the pay level as that of Group Instructors of ITIs. The respondents have placed on record, duties of Principals, Supervisory and Instructional staff of ITIs including that of Group Instructor. Duties of Group Instructor read as under: - “(ii) Group Instructor The Group Instructors should ensure that (a) proper coordination is maintained in all the sections and the training programme is carried out efficiently, by personal close check and inspections: (b) the tests are regularly carried out, the trainees' work is correctly assessed, and proper record is kept in the progress cards; (c) raw material requirements of the sections are prepared well in advance to enable supply to be arranged in time: (d) safety precautions are observed in the workshop; (e) sections function strictly according to the time schedule laid down and proper discipline maintained; and (f) any other additional duties assigned by the Principal of ITI. The Group Instructor will also conduct model lessons in his/her own or connected subjects. The Group Instructor will also carry out any additional work entrusted to him/her by the Principal of the ITI Note: i) The lessons prepared by the instructors should be checked by the concerned Group Instructor for 2026:HHC:903 - 8 - correct planning and accuracy. This may be done in the beginning of each working day for which the Group Instructor may spend about 15 minutes in each section. (ii) The Group Instructor may also carry out a check of a certain percentage of these lessons to ensure proper planning of lessons and right standard. (iii) The Group Instructor will also attend these lectures from time to time to ensure that the proper teaching technique is followed.” The above make it evident that duties of Group Instructors/HCM are supervisory in nature. Group Instructors are also to supervise the lessons/teaching techniques adopted/practiced by Instructors. The role and responsibilities of Group Instructor in ITIs have been further delineated by the respondents in office order dated 19.06.2025 (Annexure P-3). Relevant portion of which, reads as under: - “DIRECTORATE OF TECHNICAL EDUCATION VOCATIONAL AND INDUSTRIAL TRAINING HIMACHAL PRADESH SUNDERNAGAR (Email: techedu-hp@nic.in, Phone No.01907- 266120, 267631) No. EDNTEH-F010/2/2025-NCVET- 38512-650 Date: 19.06.2025 To The Principal/DDO All Govt. ITs of Himachal Pradesh Sub:- Regarding role and responsibilities of Group Instructor in Industrial Training Institute. Memo, Refer to letter No. EDNTE)A(3)-5/2025 dated 28.05.2025, received from the Secretary (TE) to the Government of Himachal Pradesh, on the subject cited above (copy enclosed). In this regard, it is intimated that it has been directed 2026:HHC:903 - 9 - to assign additional duties to the Group Instructors working in the Industrial Training Institutes of the state, in addition to the roles and responsibilities defined in the Training Manual issued by the DGT, Ministry of Skill Development and Entrepreneurship, Government of India, Henceforth, all the Group Instructors will perform the following duties in addition to their own work. 1. They will be actively engaged in the direct teaching of theoretical and practical aspects pertaining to their respective trades in absence of concerned trade Instructor for which they will have to maintain all records. 2. If trade Instructor for all trades running in a particular Institute are available, Group Instructors will deliver sessions/seminars on advancement in concerned trade/related sector. Further, they will deliver lecture on crucial topics such as New Age Technologies, Industry 4.0, Employability Skills, Kaizen, 5S, Entrepreneurship, safety at workplace, Road safety, AIDS, Natural Disaster etc. This will be mandatory for Group Instructors of all trades. The Group Instructor will keep records for these classes. 3. They shall deliver lecture to the Instructors/ Trainers/ Trainees on National Skill Qualifications Framework (NSQF) Implementation Manual for NCVT Courses at the start of each new session and at regular intervals.” From the above it becomes clear that primary duty of Group Instructors/HCM is supervisory in nature. It is only in absence of the concerned trade instructor that they can be directed to impart teaching of theoretical and practical aspects pertaining to their respective trades. It is in view of this mandate that petitioner probably took certain class as asserted by her in terms of Annexure P-4 (colly) and Annexure P-6. Documents on record do not suggest that post of Group Instructor equivalent to HCM, belongs to teaching 2026:HHC:903 - 10 - faculty. Respondents have not disputed that post of JTM in Government ITIs falls under the teaching faculty, but the said post has been declared as a dying cadre. The petitioner had been promoted to the post of HCM on 07.06.2022 from the post of JTM. Thus, w.e.f. 07.06.2022, the petitioner had ceased to be teacher/teaching faculty, having become part of the supervisory cadre. Even if the petitioner had been assigned some additional duties of teaching certain classes in absence of the regular incumbent as is projected for her, then also, that factor alone would not make the petitioner (HCM) a teacher to fall within the ambit of teacher/teaching faculty. It is the post concerned that has to belong to teaching faculty to attract the benefits of notification dated 27.08.2025 and not some additional duties in form of teaching discharged by the incumbent whose post otherwise does not fall under the teaching faculty. Therefore, assuming for the sake of arguments that petitioner had been imparting teaching as asserted that would not make the post of HCM occupied by her to fall under teaching faculty to enable her to have the benefit of notification dated 27.08.2025 in order 2026:HHC:903 - 11 - to continue to serve beyond her superannuation. Learned Senior Counsel for the petitioner had also urged the fact that Headmasters and Principals serving in Government Schools and Colleges had been extended the benefit of notification dated 27.08.2025 and their services had been continued even after superannuation till the currency of ongoing academic session. This argument will not advance the case of the petitioner. As has already been observed, neither the post of HCM falls under the teaching faculty nor the HCM can be said to be a teacher. The respondents have categorically pleaded in the reply that neither any Principal nor any Supervisory Cadre Officer in any Government ITI has been granted sessional re- employment under notification dated 27.08.2025. Thus, respondents have uniformly not considered the posts of Principals as also the posts belonging to Supervisory Cadre in Govt. ITIs as Teaching faculty posts. Petitioner has not been discriminated with any other Head Craft Mistress or Principal of Government ITI. Merely because Head Teachers/Principles serving in Government Schools and Colleges, who belong to teaching faculty, and as such have been granted the benefit 2026:HHC:903 - 12 - of sessional re-employment would not mean that respondents are liable to apply the notification to non- teaching cadre in Government ITIs. 5. In view of above, petitioner’s claim of reemployment till the currency of academic session 2025-26 lacks merits. Accordingly, present writ petition is dismissed. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge January 5, 2026 R.Atal