KHATRI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioners are working as Junior Basic Trained (J.B.T.) Teachers. J.B.T. Teachers' is a district cadre. The seniority of this cadre is maintained on the basis of merit/date of appointment. Respondent-State has framed rules under Article 309 of the Constitution of India on 28.12.1973 called "the Himachal Pradesh Education Department Class-III (School and Inspection Cadre) Service Rules, 1973". According to these rules, the posts of T.G.T. are to be filled up 75% by direct recruitment and 25% by promotion from the category of J.B.T./C&V Teachers possessing the qualifications prescribed for direct recruitment. The minimum educational qualification is graduate in the subjects concerned from a recognized University with postgraduate degree/Diploma in teaching education. According to circular dated 20.11.1993, 15% posts out of 25% are to be filled up by promotion from J.B.T. category and 10% from C&V category. The Recruitment and Promotion Rules notified on 28.12.1973 were repealed by notification dated 22.10.2009. State Government has framed new rules called "the Himachal Pradesh, Elementary Education Department, Trained Graduate Teacher, (Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2009". The total cadre strength of Trained Graduate Teachers is 14224. It is a non-selection post. The minimum educational and other qualifications required for direct recruits have been prescribed under rule 7. It is for the first time that the post has been categorized as T.G.T. (Arts), T.G.T. (Non-Medical) and T.G.T. (Medical). These posts are to be filled up as per rule 10, i.e. 25% by promotion (15% from JBT and 10% from C&V) and 75% by direct recruitment on regular basis or recruitment on contract basis as the case may be. The rules notified on 22.10.2009 have been further amended on 16.7.2011 whereby the candidate is required to pass B.A./B.Sc. with at least 50% marks and B.Ed./B.El.Ed. The rules are further amended on 31.5.2012 whereby the following qualifications for filling up the post of T.G.T. (Arts) have been prescribed:

(2.) Ms. Jyotsna Rewal Dua has vehemently argued that the respondent-State has been making promotions from the feeder category of JBTs to TGTs (Medical) and (Non-Medical), who are junior to the petitioners in the seniority list of JBTs. She further contended that in larger public interest, if these posts are to be filled up from the persons, who are junior to the petitioners, the State should follow the principle of "catch up" and the consequential seniority may not be given to the persons who are junior to the petitioners but promoted before them as TGT.

(3.) Mr. Vikas Rathore, learned Deputy Advocate General has vehemently argued that the respondent-State has been filling up 15% posts by way of promotion to the posts of TGT (Arts), TGT (Medical) and TGT (Non-Medical) from JBTs. According to him, out of total cadre strength of 14224, 1082 posts fall in quota of JBT (Arts), 682 posts fall in TGT (Non-Medical) and 355 posts fall in TGT (Medical). He further argued that the principle of "catch up" is not attracted in the present case.