Employees promoted on a placement basis are entitled to actual consequential and financial benefits from the date of assuming charge upon regularization, ensuring parity with similarly situated employees.

Ajay Mohan Goel, Judge

(Oral

By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

“(i) That the present Civil Writ Petition may kindly be allowed and this Hon'ble Court may kindly issue a writ in the nature of Mandamus directing the respondents to grant the petitioners all the actual consequential & financial benefits attached to the post of Principal (School Cadre) Class-1 (Gazetted) including arrear of pay and¹Whether reporters of the local papers may be allowed to see the judgment? allowances w.e.f. the date of joining as Principal (School Cadre) Class-I (Gazetted) on placement basis with the respondent department and further the respondents may be directed to pay an interest on the said arrears at the rate of 9% per annum in the interest of law and justice.

ii. That the respondents may kindly be directed to grant the petitioners actual consequential and financial benefits including arrears of pay & allowances at par with the similarly situated emtployees who were granted the same benefits vide notification dated 17.12.2018, for the period the petitioners have worked and served Principal (School Cadre) Class-1 (Gazetted) alongwith pensionary entitlements in the interest of justice and fair play.”

2. The petitioners contend that in terms of Annexure P-4, dated 08.05.2025, when they were promoted on regular basis against the post of Principal (School Cadre), said promotion was conferred with immediate effect as from the date of the notification and on notional basis from the date the petitioners assumed the charge of the post of Principal on placement basis. The grievance of the petitioners is that they have been discriminated by the Department, as in other cases, incumbents similarly situated as the petitioners, were promoted on regular basis from the date they assumed the charge of the post of Principal on placement basis.

3. Learned counsel for the petitioners submitted that the reliefs prayed for in this petition are otherwise squarely covered by the judgment passed by this Court in CWP No. 9321 of 2025, titled Vijay Parmar and others Vs. State of Himachal Pradesh , decided on 06.04.2026, and the petition be disposed of with the direction that the judgment passed therein shall mutatis mutandisu be construed to have been passed in the present petitioon also.

4. TChough the similarity in the issue decided by this Court in Vijay Parmar and others Vs. State of Himachal Pradesh (supra) and the grievance of the petitioners could not be disputed by the learned Additional Advocate General, but he submitted that the order that may be passed by this Court be subject to the legal rights of the respondents to agitate the same. Ordered accordingly.

5. This petition is disposed of by directing that the directions passed in Vijay Parmar and others Vs. State of Himachal Pradesh (supra), shall be construed to have been passed in the present case also mutatis mutandis. It is held that the act of the respondents-State of conferring the promotion to the petitioners in terms of Annexure P-4, dated 08.05.2025 on regular basis with immediate effect and on notional basis from the date they assumed the charge of the post of Principal on placement basis is bad and it is directed that the petitioners shall be conferred the benefit of regularization as was conferred to their counter-parts from the date of assuming the charge of the post i.e. from the uactual date of the petitioners joining as Principal on placeoment basis with all consequential benefits.

6. PCending miscellaneous application(s), if any, also stand disposed of