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2023 Supreme(HP) 336

VIVEK SINGH THAKUR
Baljit Singh – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ajeet Singh Saklani.
For the Respondents:Mr. Rajesh Mandhotra, Additional Advocate General.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court seeking direction to the respondents to grant him pay scale of Lecturer (School Cadre) w.e.f. 1.6.2008 as has been granted to other DPEs having Master Degree in Physical Education.

2. Undisputedly, petitioner, after passing his B.A. degree in 1976, acquired Diploma in Physical Education in 1977 and, thereafter, he completed his M.A. degree in History in 1979.

3. Petitioner is claiming parity like other DPEs, who vide order dated 3rd March, 2010 passed in CWP-T No. 2114 of 2018, have been ordered to be entitled for pay scale of Lecturer (School Cadre), which was affirmed by a Division Bench of this High Court vide judgment dated 29.09.2012 passed in LPA No. 380 of 2011 titled State of H.P. vs. Mukesh Manhans and others. Operative portion of judgment in LPA is as under:-

    “5. Thus admittedly, the Physical Education is an elective subject in 10+2 class. As far as the qualification is concerned, the prescribed qualification by the NCTE is Master’s Degree in the subject concerned namely MPE/MP.ED (2 years duration). The Learned Single Judge has specifically clarified that the pay scale of School Lecturers is available only

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