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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA, J.
Ranjit Singh and others - Petitioners
Versus
State of H.P. and others - Respondents
CWP Nos. 2500, 2524, 3129, 3204, 3206, 3207, 3209, 3210, 3359, 3384, 3913, 3923, 3956, 3957, 3958, 3959, 3960, 3961, 3962, 3963, 3964, 3965, 3966, 3967, 3968, 3969, 3970, 3971, 3972, 5082, 6339, 7079, 7080 of 2021, 2935 of 2022
Decided On : 07-07-2023
Constitution of India, 1950 - Articles 14, 16 - Promotion - Denial of increments - Pay-scale - Grievance of denial of increments on their promotion as Head Teachers and discrimination meted out to them on this count vis-à-vis other Head Teachers, who have been given promotional increments on promotion to post of Head Teachers, petitioners have preferred these writ petition - HTs promoted prior to 01.10.2012 were not granted promotional increments wherein HTs promoted as such after 01.10.2012 have been granted promotional increments - Para 4(ii) (a).
Finding of the Court :
HTs were not granted promotional increments wherein HTs promoted have been granted promotional increments - Respondents cannot restrict grant of promotional increment only to those HTs who got promoted - There is no rational behind creating these two groups - Such an action of respondents in creating these groups for purpose of paying promotional increment is illegal, arbitrary and violative of Articles 14 & 16 of constitution of India - Irrespective of their dates of promotions as HTs, petitioners are also entitled to benefit of promotional increments at least date when respondents decided to release this benefit to incumbents who were promoted as HTs - Respondents are directed to release promotional increments to petitioners to post of Head Teachers.
Result : Petitions allowed.
JUDGMENT :
Jyotsna Rewal Dua, J.
All these petitions involve common question of law and facts, hence are being taken up together for adjudication. For convenience, facts and pleadings from lead case CWP No. 2500 of 2021 (Ranjit Singh and others Vs. State of H.P. and others) are being referred to hereinafter.
Petitioners are presently serving as Head Teachers/Central Head Teachers in the State Education Department. With the basic grievance of denial of increments on their promotion as Head Teachers and discrimination meted out to them on this count vis-à-vis other Head Teachers, who have been given promotional increments on promotion to the post of Head Teachers, the petitioners have preferred these writ petitions.
2. The case
2(i) Petitioners were appointed as Junior Basic Teachers (JBT) in respondent-Education Department on different dates. They satisfy the criteria laid down under the applicable Recruitment and Promotion Rues (R&P Rules).
2(ii) Post of JBT held by the petitioners is feeder cadre for promotion to the post of Head Teacher. Post of Head Teacher is feeder category post for promotion to the post of Central Head Teacher.
All the petitioners were promoted as Head Teachers. Some of them now stand promoted to the post of Central Head Teacher.
2(iii) Present dispute pertains to the claim of the petitioners to the promotional increment on their promotion to the post of Head Teacher. Therefore, it will be appropriate to first take note of pay scale enjoyed by the post of JBT and Head Teacher (HT).
| Sr. No. | Date | J.B.T. Pay scale | H.T. Pay scale |
| 1. | w.e.f. 01.01.1986 | Rs.1200-2100 | 1410-2750 |
| 2. | w.e.f. 01.01.1996 | Rs.4020-6200 Further revised to Rs.4550-7200 | 4550-7220 |
| 3. | w.e.f. 01.01.2006 | Rs.5910-20200 + 3,000 (GP) after two years of service Rs.10300-34800 + 4200 (GP) | 10300-343800 + 4200 (GP) |
The above table is indicative of the fact that petitioners and other similarly situated JBTs were initially fixed in the pay scale of Rs.1200-2100 w.e.f. 01.01.1986. Pay of Head Teachers was fixed in the pay scale of Rs.1410-2750 w.e.f. 01.01.1986. Pre-revised pay scale of JBTs was revised to Rs.4020-6200 w.e.f. 01.01.1996. Subsequently, this scale was further revised to Rs.4550-7220 w.e.f. 01.01.1996. Post of Head Teacher was carrying the pay scale of Rs.4550-7220 w.e.f. 01.01.1996. This was the same scale that was granted to JBTs. According to the petitioners, the post of Head Teacher carries higher responsibilities than the ones attached to the post of JBT. The petitioners though were promoted to the post of Head Teachers, but they remained in the pay scale of Rs.4550-7220 which was being enjoyed by them as JBTs. With effect from 01.01.2006, the respondents introduced the system of pay band and grade pay. Pay of JBTs was revised and re-fixed in the pay band of Rs.5910-20200 + 3000/- (G.P.) on their fresh appointment. After two years of regular service, the JBTs were to be granted the pay band of Rs.10300-34800 + 4200 (G.P.). The Head Teachers were also granted the same pay band and grade pay i.e. Rs.10300-34800 + 4200 (G.P.).
2(iv) The petitioners-JBTs were promoted as HTs, but not given promotional increments. Instead, they were given placement allowance of Rs.100/- per month.
2(v) The respondents issued a Notification on 27.09.2012 revising pay of its employees. The pay-scale enjoyed by JBTs-HTs also underwent revision. It was re-fixed as under :-
| Post | Pre-revised Pay | Revised Pay (Pay Band and Grade Pay) w.e.f. 01.10.2012. |
| JBT | Rs.5910-20200 + 3000 GP | Rs.10300-34800 + 4200 GP |
| HT | Rs.5910-20200 + 3000 GP | Rs.10300-34800 + 4400 GP |
JBTs got grade pay of Rs.4200/-, whereas HTs got grade pay of Rs.4400/- w.e.f. 01.10.2012. All those JBTs, who got promoted as HTs were to get Rs.4400/- as grade pay. The petitioners having been promoted as HTs also got this benefit and their grade pay w
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