JAI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) IN this batch of petitions common question of fact and law arises and therefore, the same are taken up together for disposal.

(2.) THE facts, in brief, may be noticed. The petitioners have claimed that on 28.12.1973, the Himachal Pradesh Education Department Service Rules, 1973 came into existence and dealt with the recruitment and promotion rules for Trained Graduate Teachers (TGT). The petitioners were appointed as Vidya Upasak and regularized as JBT Teachers. It has not been disputed that all the petitioners were regularised as JBT Teachers and fulfilled the criteria of two years regular service for being considered as TGT as on 21.10.2009. It is claimed that that respondents conducted a D.P.C. in July 2009 on the basis of two years criteria of regular service as JBT Teacher for promotion as TGT teacher and accordingly made promotions of those JBT (Medical) teachers who were regularized in 2007 and JBT (non -medical) teachers, who regularized in January 2006. It is the specific case of the petitioners that they were regularized in 2007 and were eligible for the post of TGT, yet the respondents did not consider the names of the petitioners in spite of the fact that posts were available with them.

(3.) THE respondents -State to counter the claim of the petitioners have made the following averments: