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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
AJAY MOHAN GOEL
Vijay Parmar – Appellant
Versus
State of Himachal Pradesh Coram – Respondent
| Table of Content |
|---|
| 1. petitioners seek promotion benefits. (Para 1) |
| 2. facts of the promotion and service. (Para 2 , 3 , 4) |
| 3. contentions of both parties. (Para 5 , 6) |
| 4. court's analysis on discrimination. (Para 7 , 8) |
| 5. court's directive on promotion benefits. (Para 9) |
| 6. disposal of miscellaneous applications. (Para 10) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has prayed for the following relief:-
“That the Respondents may kindly be directed to give all consequential benefits of the post of Principal (School Cadre), Class-I Gazetted, with effect from the actual date they were placed and assumed charge as Principals on placement basis, by modifying the notification dated 8.5.2025 Annexure P-2, to the extent mentioned supra; and to confer upon them actual benefits, including arrears of pay of the period for which the petitioners have actually and factually worked as Principal (School Cadre) along with allowances, and all consequential service and pensionary entitlements, at par with the 284 similarly situated incumbents who were granted such actual benefits Vide Notification dated 28.12.2018 (Annexure P-1), in the interest of justice and to uphold the pri
The denial of similar treatment to the petitioners by the State was arbitrary and discriminatory, violating Article 14 of the Constitution of India.
Exoneration from disciplinary proceedings delaying promotion via sealed cover entitles employee to actual promotion benefits from due date, not merely notional, restoring all losses per Supreme Court....
Officiating principals cannot be deprived of the benefits that accrue to them, and their entitlement to salary is based on the correct principle of law.
Point of Law : Employer shall not discriminate and divide homogeneous class of employee and deprive one of them by artificial device of a cut off date.
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