IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 6124 of 2010 Date of Decision : March 9, 2011 Bhagat Ram Sharma Petitioner Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Ramakant Sharma, Advocate, for the petitioner. For the respondents : Mr. Ram Murti Bisht, Dy. Advocate General with Mr. Vinod Thakur, Dy. A.G. for the respondents-state. Sanjay Karol, J. (Oral) In terms of office order dated 28.6.2007 (Annexure P-3) petitioner was promoted to the post of Trained Graduate Teacher in the pay scale of ` 5480-160-5800-200-7000-220-8100-275-8925. In the said order itself a condition was stipulated “that the promotee must have passed B.A. with English as an elective subject”. 2. Undisputedly petitioner has not passed B.A. with English as an elective subject. In spite of the same, in the D.P.C. his case was considered and recommended for promotion to the post of a Trained Whether reports of Local Papers may be allowed to see the judgment? 2 Graduate Teacher. It cannot be disputed that petitioner is otherwise eligible for promotion to the post of Trained Graduate Teacher. Pursuant to the order of promotion dated 28.6.2007, petitioner has continued to work as T.G.T. (Arts) till the passing of the impugned order dated 7.9.2010 (Annexure P-7) which reads as under:- “ORDER Whereas a complaint was received against Sh. Bhagat Ram s/o Sh. Dhani Ram alleging therein that above said incumbent has wrongly been promoted as TGT from C&V category despite the fact that the said teacher has not passed B.A. with English which is pre-requisite for the post of TGT (Arts). Whereas the said Sh. Bhagat Ram was afforded an opportunity vide this directorate show cause notice dated 14.5.2010 to explain his position and whereas the said teacher has admitted that he has not passed B.A. with English. Keeping in view the fact that the above said incumbent does not fulfill the requisite qualification for the post of TGT (Arts) hence, after careful consideration the promotion order issued by the department vide O/o no. Edn- H(2)B(2)7/2007-pro-C&V dated 28.6.2007 in r/o Sh. Bhagat Ram who was posted on promotion at GMS Bhiyunkari U/C GSSS Saur, Distt. Solan is hereby withdrawn and reverted to the previous cadre i.e. C&V with immediate effect. Sh. Bhagat Ram is further directed to report to the Dy. Director of Elementary Education Solan for further posting in the C&V cadre. Sd/- Director of Elementary Education Himachal Pradesh.” 3. Petitioner has placed on record letter dated 30.8.1995 (Annexure P- 11) from which it is evidently clear that, in a limited manner, the State 3 Government had relaxed the conditions with regard to the educational qualification in the following manner:- “ii. Relaxation in educational qualifications to 14 TGTs (Arts) who had not passed BA with English as their subject. However, they shall not be released increments till they qualify BA English only.” 4. Thus even as per the respondents’ instructions petitioner was not entitled to the release of increments till the eligibility criteria of qualifying BA with English as a subject was fulfilled. It is stated at the Bar that petitioner has already cleared BA 2nd year examination with English as a subject and is likely to appear in BA (Part-III) examination for English in the near future. 5. Consequently the impugned order dated 7.9.2010 (Annexure P-7) is quashed. However it is clarified that keeping in view the Governmental instructions petitioner shall not be entitled to the release of the increments till such time he fulfils the eligibility criteria of educational qualification. Amounts of increments released, if any, shall be refunded by the petitioner. 6. Petition stands disposed of accordingly. (Sanjay Karol), Judge. March 9, 2011 (PK)