CWP(T) No. 14581/2008 with CWP(T) No. 15466/2008 29.09.2010 Present: Mr. Vijay Bhatia, Advocate, for the petitioner(s) Mr. Vikas Rathore, Dy. A.G. for the respondents/ State Petitioners have prayed for the following relief(s): i) That the impugned order dated 19.1.2005 Annexure A/6 may be quashed and set aside; ii) That the respondents may be directed to grant the selection grade to the applicant at par with other similarly situated persons from the due date along with interest @ 18% per annum. 2. In compliance of letter dated 16.12.1988 (Annexure A-1), petitioners were awarded selection grade w.e.f. 1.11.1971. Now this letter issued by the Under Secretary (Education) to the Director of Education clearly stipulates that payment is to be made to all eligible Craft Teachers as a result of integration. The question of integration of Craft teachers working in various schools of Himachal Pradesh Education in Classical and Vernacular Cadre was engaging the attention of the Government from time to time. 3. It was clarified vide letter (Annexure A-2) that only 30% of the teachers were to be awarded selection grade and 90% were to remain in the non-selection grade. This was reiterated vide Annexure A-3. On 8.11.2004 the Govt. issued an order unambiguously clarifying that recovery be effected from such of those persons to whom benefits were accorded and amounts disbursed but otherwise were not entitled to the selection grade. Seniority list was also issued. Petitioners’ name is mentioned in the list to whom the benefits of the selection grade were to be accorded. 4. However, vide letter dated 19.1.2005 (Annexure A-6) , the Govt. took a decision of stopping disbursement of financial benefits, till further orders to all the teachers. This was so done as it was discovered that the benefits had been wrongly accorded to the teachers and thus revised seniority list was required to be issued. Petitioners’ name in particular, was included without verifying the fact of recognition of L.T. Diploma. 5. When the Govt. sought to recover the amount the employees Union approached the Govt. for some negotiable settlement. 6. In their case, in particular, the matter was examined but however petitioners were held not entitled to the benefits of the pay scales on the ground of their ineligibility. Petitioners were appointed on regular basis only on 15.3.1979 and the combined seniority list of C &V category was prepared on the basis of the cadre strength and the teachers appointed w.e.f. 25.9.1971 to 16.5.1973. 7. Consequently, I find no merit in the petitions. It cannot be said that any legally enforceable right of the petitioners stands violated. Petitions being devoid of merit are dismissed. ( Sanjay Karol ), Judge. September 29, 2010 (rana)