IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No. : 6538/2008 Reserved on : 12.7.2010 Decided on:20.7. 2010 _____________________________________________ Smt. Jagdeshwari Gupta. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes. For the petitioner : Mr. Onkar Jairath, Advocate. For the Respondents: Mr. Vikas Rathore, Dy. Advocate General. _____________________________________________________ Rajiv Sharma, Judge. Petitioner was promoted to the post of Head Teacher on 4.9.1992. She was promoted to the post of Centre Head Teacher vide office order dated 6.2.1998. According to the petitioner, in sequel to office order dated 6.2.1998, she joined her duties in Government Primary School, Beolia vide Annexure A-2. Mr. Onkar Jairath has strenuously argued that even though his client had joined her duties on 16.2.1998 as Centre Head Teacher in Government Primary School, Beolia, she has been given the monetary benefits only with effect from 1.6.1998. 1 Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 Mr. Vikas Rathore has vehemently argued that petitioner has joined her regular duties in Government Primary School, Kainthu, Shimla as Centre Head Teacher on 8.6.1998 and she is entitled to monetary benefits from this date only. I have heard the learned counsel for the parties and have perused the pleadings carefully. Petitioner was promoted as Centre Head Teacher on ad hoc basis on 6.2.1998 in the pay scale of Rs. 1500-2700. According to office order dated 6.2.1998, the promotee Centre Head Teachers were required to submit their joining report to the Centre Head Teacher of their Centre in the same capacity and they were deemed to be appointed on deputation basis in the same school from where they were promoted as Centre Head Teacher till the new Government Primary Schools were identified for making appointments of Centre Head Teacher. Mr. Onkar Jairath has drawn the attention of the Court to Annexure A-2 whereby petitioner has submitted her joining report to District Primary Education Officer on 16.2.1998 informing him that she has joined new assignments on 16.2.1998 (forenoon) in own school, i.e. Government Primary School, Beolia. As per the averments contained in the reply, no post of Centre Head Teacher was available in Government Primary School, Beolia and the petitioner was posted as Centre Head Teacher on regular basis in Government Primary School, Okharu (Kasumpati) where the post of Centre Head Teacher was created. She did not join her duties in Government Primary School, Okharu (Kasumpati) and got herself 3 adjusted in Government Primary School, Kainthu (Shimla) and joined her duties as Centre Head Teacher on 8.6.1998. Petitioner made representation on 29.12.1998 seeking monetary benefits from the date of joining duties as per Annexure A-2 dated 16.2.1998. She has retired on 31.10.1998. It has come in the reply that 386 posts of Centre Head Teachers were created in the Education Department out of which 75 posts were allotted/created in District Shimla. It is in these circumstances that the petitioner was considered for promotion on ad hoc basis to the post of Centre Head Teacher, however, there was stipulation in condition No.2 of office order dated 6.2.1998 that the promotee teachers were to remain posted in the same school where they were working till it was finally proposed in which school the newly promoted teachers had to be posted. Specific / special instructions had been issued to the Block Primary Education Officers that an undertaking may be obtained from the teachers promoted on ad hoc basis to the effect that they will be entitled for financial benefits from the date when they actually join their duty as Centre Head Teacher in the new school. In the instant case, the petitioner was working in the Government Primary School, Beolia and the post of Centre Head Teacher was not available. In these circumstances, she could not give her joining as Centre Head Teacher against the non-existence post of Centre Head Teacher. She, as per the reply, was posted in Government Primary School, Okharu (Kasumpati) on 30.4.1998, however, she herself got adjusted at Government Primary School, Kainthu (Shimla). Since 4 the petitioner has joined her duties as regular Centre Head Teacher on 8.6.1998, she was entitled to monetary benefit from this date and not from the anterior date, as claimed by her, i.e. 16.2.1998. Accordingly, in view of the observations made hereinabove, there is no merit in the petition and the same is dismissed. (Rajiv Sharma), Judge 20.7. 2010. *awasthi*