TRIPATA PARMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE narration of the relevant facts necessary for resolving the controversy are as under: - Smt. Tripta Parmar is serving as Language Teacher since June 30, 1973 in the Department of Education, Government of Himachal Pradesh. She had improved her academic qualifications and passed B.A. (all subjects) in 1978, M.A. in 1990 and M. Phil in 1992 from Himachal Pradesh University. Though, she had improved her academic qualifications but she has not been considered for promotion due to defective Classical and Vernacular Rules known as Recruitment and Promotion Rules for different Categories of Posts in Himachal Pradesh Education Department, 1975 (hereinafter referred to as Rules).

(2.) AS per Rules, 50% posts of School Lecturers are filled up by direct recruitment and 50% by promotion from amongst Trained Graduate Teachers/ Home Science Mistresses/Commercial Teachers/Agriculture Masters possessing qualification as prescribed by direct recruitment i.e Master Degree in concerned subject from the concerned subject. But, there is no provision in the Rules to promote the C&V Teachers though possessing requisite qualifications for the post of Lecturers. They can be promoted to the post of TGT against 25% quota only on acquiring B. Ed training. Thus, the case of the applicant being at par with TGT/Home Science Mistresses/ Commercial Teachers/Agriculture Masters, the Rules need to be amended for considering the applicant and the like for the post of a Lecturer. Thus, following reliefs have been sought in the Original Application: - "(i) To direct the respondents to amend R and P Rules in respect of C&V Teachers for promotion to the post of a Lecturer(s) and carry out necessary correction at SI. No. 2(12) of the R&P Rules by including this category for next promotional post of Lecturers; (ii) To issue directions to the respondents to fix the quota of C&V category of Teachers for next promotional post of Lecturers and Headmasters/Head Mistresses, High School at Sr. No. 1 Col. 2; (iii) Financial assistance/incentive be awarded by releasing the advance increments in favour of the applicant; (iv) All the service benefits as are given to other categories be released in favour of the applicant; (v) The seniority be kept intact from the date of her joining the post; (vi) The applicant be considered and promoted for School/College/ University Lecturer ship as she fulfills all the requisite qualifications for such an appointment; (vii) The age for promotion purpose or reliefs sought for be considered from the date of filing first O.A(M) 445/94 or from the first representation made to the respondents or from the date of acquiring the M.A., M. Phil qualifications; (viii) Any other consequential relief(s) which the Honble Tribunal may deem fit, just and proper in facts and circumstances of the matters, be granted to the applicant; and (ix) Cost of this Original Application may also be allowed."

(3.) ON merits, however, it is admitted that under the Rules, there is no provision for promotion of Classical and Vernacular (in short C&V) teachers to the post of lecturer. Thus, the applicant cannot be promoted as lecturer dehors the Rules. She has no right to allege that the Rules are defective. She is eligible to be promoted as Trained Graduate Teacher (hereinafter referred as TGT) but she will have to wait for her turn as promotion is made on seniority basis. She cannot dictate the terms to her employers, rather she is supposed to obey the directions/orders/instructions/rules of her employers.