AI Structured Summary
Not yet generated for this judgment
Judgment
Ranjan Sharma, Judge:
Petitioner has come up before this Court, seeking execution of the judgment dated 10.01.2024 [Annexur P-1] passed by this Court in CWP No. 371 of 2024, titled as Rakhi Sharma and others versus State of Himachal Pradesh & another, 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 the further directions to the Rspondents to give the eligible monetary benefits, admissible to the petitioner, in accordance with law.
Learned Counsel for the petitioner submits that though the Respondent-Director of Elementary Education has passed an order on 18.06.2024 [Annexure P-2], granting deemed regular appointment from the date of initial contract appointment and had even directed the Principals/ Headmasters/In-charge to release consequential benefits notionally and to give the eligible monetary benefits but these benefits have not been extended/released and the judgment has not been implemented, as yet.
Upon listing of the case today, Learned Counsel for the petitioner refers to an office order dated 19.09.2025 [Taken on record], passed by Director of School Education that in cases, where the writ petitions were filed before the Hon'ble High Court till December 2024, then, in such case, the benefits shall be extended to the petitioners for three years preceding the filing of the 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-I-C(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. EDN-C-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 on 10.01.2024, [Annexure P-1], 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 10.01.2024 [Annexure P-1] [Statement taken on record], by reserving the liberty, in case the grievance, still survives.
Heard.
Notice. Mr. Rahul Thakur, Learned Deputy Advocate General 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 the communication dated 19.09.2025 extracted hereinabove; by taking all steps towards implementation of 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.