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Judgment
Ranjan Sharma, Judge
Petitioners have come up before this Court, seeking non-compliance of the judgment dated 03.01.2024 [Annexure P-1] passed by this Court in CWP No.10731 of 2023, titled as Munish Kumar whereby, the respondents were directed to decide the representation and upon consideration to extend the benefit of deemed regular appointment to the petitioner as Trained Graduate Teacher from the date of initial appointment on contractual basis; and then to grant the consequential benefits notionally with
1 Whether reporters of Local Papers may be allowed to see the judgment? the further directions to the Respondents to give the eligible monetary benefits, admissible to the petitioner, in accordance with law.
Learned Counsel for petitioners submits that Director of School Education has issued a communication on 19.09.2025 [Annexure P-2] that, in cases, where the writ petitions were filed before the case, the benefits shall be extended to the petitioners for three years preceding the filing of respective writ petitions. The relevant part of the Communication dated 19.09.2025 [supra], reads as under:-
“Whereas, on the same analogy, 1080 petitioners have been considered as regular employees of the state from the date when they initially appointed/joined as Lecturers on contract basis with all consequential benefits vide office order No. EDN-H(19)B(1)-6/2010-11-Court cases, dated 10.09.2025. However, the monetary benefits are restricted only from three years proceeding to the date of filing of the petition.
Therefore in view of the above and in order to ensure uniformity in respect of the implementation of the judgments passed by the Hon'ble High Court of HP specifically drawing, analogies with the cases decided on the analogy of CWP No. 414/2014 titled as Kuldip Chand Vs State & others alongwith No. LPA No.54/2013 titled as State of HP Vs Om Prakash and all other connected matters, it has been decided that the monetary benefits due to the petitioners will be restricted to three years immediately preceding the filing of the writ petitions in respect of the petitioners of the office orders of even No. dated 06.09.2024, 05.10.2024, 06.11.2024, 11.11.2024, 14.11.2024, 26.11.2024, 12.12.2024, 08.01.2025 & 01.02.2025. However, it is clarified that these orders are issued only for the petitioners of those writ petitions which were filed before the Hon'ble High Court of H.P. till December 2024. The concerned Principal/Headmaster/ Incharge of GSSS/ GHS/ GMS of H.P. is further directed that consequential benefits regarding monetary benefits qua petitioners shall be released as per the instructions issued by the Finance Department, H.P. vide letter No. Fin-E-IC(17)-6/08 dated 07.01.2012 and 01.07.2024 and No. Fin-(PR)B(7)-1/2021-Loose dated 17.09.2022. These orders are issued as per approval conveyed by the Government vide letter No. EDNC-E(3)3/2020 dated 15.05.2024 & EDN-E- (5)21/ 2023 dated 23.08.2025. Sd/-DIRECTOR ELEMENTARY EDUCATION”
In this backdrop, Learned Counsel for the petitioner submits that since the petitioner(s) had filed writ petitions before December 2024, therefore, the petitioner shall be satisfied, in case, the State Authorities are directed to extend eligible monetary benefits admissible to the petitioner(s) for three years preceding the filing of their respective writ petitions; so as to ensure compliance of the judgment dated 03.01.2024 [Annexure P-1] [Statement taken on record].
Heard.
Notice. Mr. Gautam Sood, Learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.
Considering the statement made by Learned Counsel for the petitioner(s), the present petition is disposed of, with the directions to the Respondents-Competent Authorities to implement the judgment in letter and spirit and release the eligible monetary benefits, admissible in terms of the judgment as well as communication dated 19.09.2025 extracted hereinabove; by taking all necessary steps towards implementation of the judgment, in letter and spirit, within six weeks from today.
In case, any grievance still remains, petitioner may seek appropriate remedy, hereinafter, in accordance with law.
In aforesaid terms, the instant petition stands disposed of, alongwith pending applications, if any.