IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 5942 of 2008. Decided on: 15.06.2010. Veena Mahajan. …Petitioner. -Versus- State of H.P. and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1Yes. __________________________________________________________ For the petitioner. : Mr. Pawan Chaudhary, Advocate vice Mr. Anand Sharma, Advocate. For the respondents : Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner passed her Kindergarten Training Course examination in the year, 1973. She was appointed as Nursery Teacher pursuant to appointment letter dated 18.07.1978. The State of Himachal Pradesh took a decision vide notification dated 30.01.1997 to convert 60 posts of Nursery Teachers to that of J.B.T. posts in the pay scale of Rs.1200-2130/- from the date of issuance of the notification. Consequently, the Nursery Teachers were to be considered as dying cadre and the 60 posts of the Nursery Teachers stood abolished. The State was further pleased to order that the Nursery Teachers working against these posts shall be appointed as J.B.T. Teachers and shall stand inducted in 1 Whether the reporters of the local papers may be allowed to see the judgment? Yes. - 2 - the regular J.B.T. cadre of the respective districts by placing him/her below the last J.B.T. Teachers in that district in the District cadre of J.B.T. as on the date of issue of the notification. Thereafter, vide office order dated 05.02.1997, the petitioner was appointed as regular J.B.T. Teacher in the pay scale of Rs.1200- 2130 w.e.f. 13.01.1997. The petitioner made a representation to the District Primary Education Officer, Chamba for placing her at appropriate place in the seniority list w.e.f. 29.07.1978, the date she has joined as Nursery Teacher. 2. Mr. Pawan Chaudhary, learned vice counsel for the petitioner has strenuously argued that the petitioner was to be granted seniority in the cadre of J.B.T. w.e.f. 29.07.1978. He then contended that the Kindergarten Training Course and J.B.T. were equated by the State of Punjab. 3. Mr. R.P. Singh, learned Assistant Advocate General has argued that as Para-2 of the notification dated 30.1.1997 (Annexure A-3), the petitioner was to be inducted in the regular J.B.T. cadre by placing her below the last J.B.T. teacher in that district. 4. I have heard the learned counsel for the parties and gone through the pleadings carefully. 5. Petitioner passed her Kindergarten Training Course examination in the year, 1973. This course may be declared equivalent by the State of Punjab vis-à-vis J.B.T. course, however, fact of the matter is that the petitioner was appointed as Nursery Teacher pursuant to appointment letter dated 18.07.1978. The State of Himachal Pradesh has taken a conscious decision vide notification dated 30.01.1997 to convert 60 posts of Nursery - 3 - Teachers to that of J.B.T. posts in the pay scale of Rs.1200- 2130/- from the date of issuance of the notification. The Nursery Teachers were declared as dying cadre and the 60 posts of the Nursery Teachers stood abolished. A specific condition has been prescribed in the notification dated 30.01.1997 that the Nursery Teachers working against these posts shall be appointed as J.B.T. teachers and shall stand inducted in the regular J.B.T. cadre of the respective districts by placing him/her below the last J.B.T. teachers in that district in the district cadre of J.B.T. as on the date of issue of the notification. There is no illegality in the decision taken by State Government to place the petitioner and similarly situate persons below the last J.B.T. teacher in that district after the abolition of 60 posts of Nursery Teachers. It is also clear from the office order dated 05.01.1997 that the appointment of the petitioner as regular J.B.T. teacher in the pay scale of Rs.1200-2130/- was as per the instructions contained in the communication issued on 30.01.1997 by placing her below the last J.B.T. teacher in the district. Accordingly, the petitioner and similarly situate teachers were placed in the seniority list below the last J.B.T. teacher in the respective districts as on 13.1.1997. Petitioner and similarly situate persons were working in a different cadre of Nursery Teachers. 60 posts of Nursery Teachers were abolished and these were converted into J.B.T. posts. Petitioner and similar situate persons were appointed afresh as J.B.T. teachers on the basis of Annexure A-4, dated 05.02.1997. It is settled law under the service jurisprudence that the persons who are brought from a different cadre, are to be placed enblock below the persons, who are already working in that cadre. The - 4 - Recruitment and Promotion Rules of the J.B.T. teachers are framed separately under Article 309 of the Constitution of India. It is a policy matter to create, bifurcate and merge a cadre. The scope of judicial review in these matters is very limited. It is only in those cases, where there is unreasonableness and arbitrariness in creating, bifurcating and merging the cadre, the Court can look into the matter. Accordingly, in view of the observations made hereinabove, there is no merit in this petition and the same is dismissed. No costs. (Rajiv Sharma) Judge June 16, 2010. (bhupender) - 5 -