IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.7284 of 2010 Decided on: August 26, 2011 Hari Singh ..Petitioner Versus State of H.P. and others .. Respondents Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Ms. Sunita Sharma, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General for the respondents. __________________________________________ Surjit Singh, Judge (oral) Petitioner was appointed as Voluntary Teacher in the year 1986, on contract basis. He was regularized from 1.4.2000. He seeks regularization on completion of 9 years service, in accordance with the instructions, contained in letter dated 15.12.1995, copy Annexure P1. Her claim is that at the time, when Annexure P-1 was issued, Voluntary Teachers, with 10 years service, used to be regularized and this condition of 10 years service, had been reduced to 9 years, vide Annexure P-1, in respect of those Voluntary Teachers, who had taken part in literacy campaign for two Whet her report ers of t he l ocal papers may be al l owed t o see t he j udgment ? É2É years and she having taken part in the said campaign, was entitled to regularization, on completion of 9 years service. 2. It is also her case that certain teachers, appointed much later than her (one of them having been appointed in the year 1993), have been regularized w.e.f. 1.8.1998, vide Annexure P-9, and because of that said Voluntary Teacher, who was appointed in 1993, has become senior to her (the petitioner). 3. Stand taken by the respondents is that petitioner was appointed under the Scheme of 1986, while the teacher named in Annexure P-9, was appointed in the year 1993, under the Scheme of 1991, and by virtue of amended provisions of Education Code, her services were regularized on completion of five years service. 4. I have heard learned counsel for the petitioner as also learned Assistant Advocate General and gone through the record. 5. Under the Scheme, circulated vide Annexure P-1, Voluntary Teachers were required to apply for grant of Special JBT Certificate and it was only after grant of such certificate that their cases for regularization could be considered, on completion of 10 years service, which had been reduced to 9 years, in respect of those Voluntary Teachers, who worked in literacy campaign. Petitioner had been issued a certificate that she had worked in literacy campaign from 20.3.1993 to 1.1.1996 or say for more than É3É two years, which entitled her to issuance of Special JBT Certificate, on completion of 9 years service. However, there is nothing on record, indicating if any special JBT Certificate was applied for and issued in favour of the petitioner, making her eligible for regular appointment as JBT Teacher. So, he cannot be given the benefit of Annexure P-1. 6. Government issued a communication, dated 22.12.1998, copy Annexure P3. This communication was addressed to all District Primary Education Officers. They were informed that condition of 10 years service had been reduced to 5 years, by making change in Education Code. Directions were issued to the addressees of this communication, to complete the process of award of special JBT Certificates to Volunteer Teachers within one month. The letter said that the direction was to be given effect from 1.8.1998, implying that Special JBT Certificates to be issued, in terms of the said communication, copy Annexure P-3, were to be effective from 1.8.1998, even though some Voluntary Teachers might have completed five years service before 1.8.1998. 7. Petitioner, admittedly, having completed 5 years service, when Annexure P-3 was issued, became eligible for issuance of special JBT Certificate, in terms of the aforesaid letter w.e.f. 1.8.1998. Amendment carried out in the Education Code, provided for regularization of Voluntary É4É Teachers, who had completed 5 years service and became eligible for Special JBT Certificate. This is made out from Annexure P-9, a certificate issued by Block Elementary Education Officer, in respect of a teacher, named Smt. Jasvir Kaur. As per this certificate, Smt. Jasvir Kaur, had been awarded Special JBT Certificate w.e.f. 1.8.1998, though she completed five years service on 25.4.1998. Petitioner, also having completed 5 years service as Voluntary Teacher before 1.8.1998, became entitled to issuance of Special JBT Certificate, in her favour, by virtue of Annexure P-3. So, she should have been regularized as JBT Teacher w.e.f. 1.8.1998. 8. In view of the above stated position, writ petition is disposed of, with a direction to the respondents to regularize the petitioner as JBT Teacher, w.e.f. 1.8.1998, instead of 1.4.2000 from which date she has been regularized and to give her the benefit of seniority and all other such benefits, including monetary benefits accordingly. Direction be complied with by 30.11.2011. August 26, 2011 (ss) (Surjit Singh), J.