IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 3971/2008 (OA 2119/96) Date of Decision : April 29, 2009 Smt. Kamlesh Kumari Petitioner Versus State of H.P. and others. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Rajneesh K. Lal vice Mr. Puneet Goel, Advocate, for the petitioner. For the respondent : Mr. R. K. Sharma, Sr. Addl. Advocate General with Mr. Vivek Thakur, Addl. A.G. and Mr. Anil Jaswal, Dy. A.G. for the respondents Sanjay Karol, J. (Oral) The present petitioner is, in effect, seeking the benefits of the judgment delivered by the erstwhile H.P. State Administrative Tribunal in O.A. No.76 of 1988 titled as Smt. Simro Devi and Others versus State and Others, dated 6th April, 1995. The petitioner, admittedly, is similarly situated to persons in the aforesaid writ petition. Be that as it may be, facts necessary for adjudication of this petition are as under:- 1 Whether reports of Local Papers may be allowed to see the judgment? 2 The petitioner was appointed as Home Science Teacher vide order dated 3.5.1975. She joined the department on 3.5.1975. Record reveals, which is undisputed, that subsequent to her appointment, the petitioner acquired higher educational qualifications, i.e. B.A. prior to 27.8.1979 (Annexure A-2). In terms of Government letter dated 13th of December, 1958 for the purpose of revision/fixation of scales of pay, the petitioner falls in Category-B, Group-II which provides that all teachers falling in this group should be allowed the revised scale of Rs. 80-250/-. The respondent/State, in consultation with the Finance Department took a conscious decision, as conveyed vide letter dated 27.9.1979 of according the benefits of salary to all those persons who had improved their educational qualifications subsequent to their joining as Home Science Teachers. The relevant extract of the said letter is reproduced as under:- “----- However, in order to avoid discrimination between teacher who have already been allowed higher scales of pay on account of having improved their qualifications and those who have not yet been allowed this benefit even though they also possess higher qualification it is decided that all teacher in the Education Department who have improved their qualification before issue of this letter may be allowed the benefit of higher scale of pay on the basis of their qualification. This benefit shall not be allowed to those who are appointed or improve their qualification after the issue of this letter. - - - - - - - - -“ 3 Vide another letter dated 12th of May, 1987 (Annexure R-B) the Government took a decision that the monetary benefits be restricted to the period of 38 months preceding the date of 1st January, 1987. The picture thus which emerges, is that the petitioner had acquired higher educational qualification i.e. BA Ist and BA Final prior to 27th of August, 1979 and thus was entitled to all monetary benefits payable to all of those teachers who had been initially recruited with higher educational qualifications. This position stands fortified from the letter dated 14th of May, 1987 written by the Director of Primary Education, Himachal Pradesh to all the District Primary Education Officers. The relevant extract of the letter is reproduced as under:- “---- Please remember that these are personal scales and have nothing to do with the availability of posts. These are to be granted to them as a result of improvement of qualifications within the period 13.12.1958 to 27.9.1979. ----“ The Director clarified that the higher scales which were to be awarded to the teachers had nothing to do with the availability of the posts as they were granted as a result of improvement of educational qualifications between 13th of December, 1958 upto 27th September, 1979. Therefore, it was expected of the respondent/State to have granted the monetary benefits to all the eligible employees including the petitioner, but, however, the same was not done and the 4 petitioner’s various representations went unheeded leaving them with no option but to file the present petition. In the reply, the only ambiguous defence taken by the respondents is that the petitioner is not eligible for release of higher pay-scale. How she is ineligible has not been explained. They are conspicuously silent with regard to the applicability of various governmental letters/ instructions/clarifications issued from time to time. The respondents have obviously taken a false stand that Home Science Teacher are not to be included in Category-B of Annexure RA. The same is evident from two letters which are reproduced as under: Letter dated 21.12.2006:- “To The Director of Elementary Education Himachal Pradesh, Shimla-171001. Subject: Regarding promotion as TGT under C&V quota. Sir, I am directed to refer to your letter No.EDN- H(2)S(2) Promotion/C&V dated 20.10.2006 on the subject noted above and to say that the matter has been examined at length at the Govt. level on the basis of relevant documents pertaining to this case and it has been found that the Home Science Teachers have been duly included in the C&V category such as B. Ed. Seats reserved for C&V and Home Science Teachers are also in this category, seniority list of C&V where this class of teachers has also included and further more, the Govt. has also included this category in C&V at the time of 5 awarding two special increments to C&Vs vide its letter No. Jni- Ksha-II-Kha(13)-1/08 dated 21.6.2000. Apart from this, the essential educational and professional qualification as per existing R&P Rules is the Graduate Degree with B.Ed. which the applicant has possessed. In view of the position/facts stated above it has been approved that Smt. Simple Rana, Home Science Teacher may be considered for promotion to the post of TGT from C&V category from the date since when her juniors have been promoted to the post of TGT from C&V category. Sd/- Under Secretary (Elementary Edu.) To the Govt. of Himachal Pradesh” Letter dated Nil:- “To All the Deputy Directors of Elementary Education in H.P. Subject: Regarding inclusion of Home Science Teachers in the list of C&V Teachers. The Government vide its letter No. Shiksha-K- Kha(81-3(9) Loose dated 21.12.2006 (copy enclosed) has approved that Home Science Teachers may be considered as part of C&V category and resultantly eligible for promotion as TGT from C&V Category. In view of above you are requested to include the category in the list of C&V Teachers and send case of eligible Home Science Teachers for promotion as TGT alongwith C&V Teachers from time to time. Sd/- Director” 6 The respondents have admitted that the similarly situated persons approached the Tribunal and in terms of the decision rendered in Simro Devi (supra), the benefits were given to the petitioners therein. The respondent/State assailed the said decision and the S.L.P. filed by the State stood dismissed by the Hon’ble Supreme Court of India. The facts of the present case are identical. As such, the benefits of the decision rendered in Simro Devi (supra) need to be accorded to the petitioner as not only is the petitioner similarly situated, but also her right independently flows from various Governmental instructions issued from time to time as referred to hereinabove. The petitioner, as such, is entitled to release of higher pay- scales as due and admissible from the date they acquired higher academic qualifications. It is clarified that the petitioner shall not claim benefits on the basis of the education qualification i.e. B. Ed. which admittedly was acquired on 25.11.1991. The payment of arrears shall be made positively within a period of four months from today failing which, thereafter she shall be entitled to interest at the rate of 9% per annum. (Sanjay Karol), Judge. April 29, 2009 (PK)