CWP 349 of 2009 06.09.2010 Present: Mr. A.K. Gupta, Advocate, for the petitioner. Mr. P.K. Sharma and Ms. Shubh Mahajan, Addl. Advocate Generals, for the respondent. The petitioner approached this Court against the action of the respondents for not granting him increment which according to him was illegally withheld by the respondents as, according to them, the petitioner was not possessing B.A. qualification with English. Clause 3 of the Office Order dated 31st October, 1995 reads:- “(iii) those who have not passed BA with English as one of the elective subjects, shall not be given increment till they pass BA English. They shall submit proof of their having passed BA English to the department, only thereafter increment will be given.” During the pendency of this petition, the petitioner has brought a number of subsequent events to the effect that now he is being reverted, as according to the communication dated 13th August, 2010, he has not been eligible for being appointed for the post of TGT. The order reads: “……. Sh. Ashok Kumar, TGT was promoted as Lecturer Sanskrit vide letter No. EDN-H(19)B(1)-1/2002, dated 04.06.2002 and further posted as GSSS Nahan (G), Distt. Sirmour. After his promotion as Lectuer, the fact with regard to his wrong promotion came to the notice of the Department and his service. Biodata was re-examined. On the perusal of the record, it was found that he was appointed as TGT on adhoc basis on 19.9.83and he was regularized on 31.03.94 with the condeition that the annual increment will not be admissible to him till he passes English subject at B.A. level. But has has not passed English subject at B.A. level till date. So he was not eligible for the post of TGT. Sh. Ashok Kumar filed an application with Hon’ble High Court of H.P. for granting him the increment in the post of lecturer in Sanskrit. He was denied increment as he has not passed English subject at Graduation level. He was asked to qualify the English subject at Graduate level falling which he was to be deprived of increment. In the meanwhile he was promoted as Lecturer and on the same background he cannot be awarded an increment till he qualifies the same exam. So, a show cause notice was served to Sh. Ashok Kumar to explain his position in this regard. Reply submitted by him w.r.t. this show cause notice has been considered carefully and found that he admitted his inability to pass the English Examination at B.A. level, which is essential requirement for the post of TGT. As he is not eligible for the post of TGT, he cannot be promoted as Lecturer. Hence the promotion order of Sh. Ashok Kumar as Lecturer in Sanskrit is hereby withdrawn. Therefore, Sh. Ashok Kumar is ordered to join as TGT in the Elementary Education Department. Sd/- Director of Higher Education Himachal Pradesh. Registered Sh. Ashok Kumar, GSSS Nahan (G), Distt. Sirmour H.P……..” In these circumstances, this writ petition is disposed of with following conditions: (a) The respondents shall give the petitioner a due notice and opportunity of being heard before any action is taken; (b) Annexure PA/1 shall not be enforced till and so long the petitioner has not been heard in the matter; (c) In case adverse decision is taken against the petitioner, the order will not be implemented against him for a period of one month in order to enable the petitioner to approach this Court. Decision shall be taken expeditiously. Petition stands disposed of. September 06, 2010 (Dev Darshan Sud), ms Judge