IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 5348/2008 (OA 1972/98) Date of Decision : April 29, 2009 Smt. Kamlesh Kumari Petitioner Versus State of H.P. and others. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Rajneesh K. Lal vice Mr. Puneet Goel, Advocate, for the petitioner. For the respondent : Mr. R. K. Sharma, Sr. Addl. Advocate General with Mr. Vivek Thakur, Addl. A.G. and Mr. Anil Jaswal, Dy. A.G. for the respondents Sanjay Karol, J. (Oral) The petitioner has prayed as under: (i) That the respondents may very kindly be directed to consider the applicant for promotion to the post of TGT (Arts) w.e.f. the date the persons junior to her have been promoted on 23.3.1998 with all consequential benefits. (ii) That the respondents may further be directed to produce the entire record pertaining to the case of the applicant for the kind perusal of this Hon’ble Tribunal.” The petitioner was appointed as Home Science Teacher on 3.5.1975 in the pay scale of Rs. 125-300 which was subsequently 1 Whether reports of Local Papers may be allowed to see the judgment? 2 revised to Rs. 480-880. The petitioner’s claim for promotion to the post of Trained Graduate Teacher was arbitrarily and wrongly ignored by the respondents though persons junior to her were considered and promoted as such. The respondents in their reply have simply stated that since there is no provision for promotion to the post of Trained Graduate Teacher from Home Science Teachers category, therefore, only C&V teachers category is considered for promotion to the post of TGTs. The letter dated 21.12.2006 issued by the Under Secretary (Elementary Education) to the Government of Himachal Pradesh as also letter dated ‘Nil’ issued by the Director to all the Deputy Directors of Elementary Education in Himachal Pradesh, however, supports the petitioner’s contention that even Home Science Teachers are to be considered as part of C&V category and are thus eligible for promotion as Trained Graduate Teacher from C&V category. The letters are taken on record. Obviously the stand taken by the respondents is false and contrary to record. In these circumstances the respondents are directed to promote the petitioner as Trained Graduate Teacher (Arts) w.e.f. 23.3.1998, the date on which persons junior to him were promoted. As a corollary respondent shall also release all consequential benefits to the petitioner within a period of three months from 3 today, failing which, thereafter the petitioner shall be entitled to interest at the rate of 9%. (Sanjay Karol), Judge. April 29, 2009 (PK)