IMMEDIATE

COURT CASE
No. EDN (D) 1-276/2008
Government of Himachal Pradesh
Department of Education
D-Section
From
The Principal Secretary (Education) to the
Government of Himachal Pradesh
To
The Director of Higher Education
Himachal Pradesh, Shimla-1

Dated: Shimla-171002, The………June, 2008

Subject: - CWP No 629/08 Seema Kumari Vs State of HP and ors.

Sir,
I am directed to refer to DAG letter No. CWP 629/08 dated 16.06.2008
addressed among others to Director of Higher Education on the subject cited above and to
say that as requested earlier vide this office letter of even No. dated 13.05.2008 the reply
to the aforesaid CWP may be filed immediately, if not file earlier.
THIS MAY BE TREATED AS MOST URGENT
Yours faithfully,

Deputy Secretary (Education) to the

Government of Himachal Pradesh

Endst. No. : - As above. Dated Shimla-2, The ……..June, 2008

Copy to the Deputy Advocate General, HP Shimla-1 for information.

Deputy Secretary (Education) to the

Government of Himachal Pradesh
 Dy. No 50819805/2008 Pg. (73-80)

Pg(73-80)PUC:- The Director of Education has forwarded a copy of order/judgment

passed on 13.05.2008 by Hon’ble High Court in CWP 511/2001 Babu Ram Vs State of
Himachal Pradesh and others.
The gist of the case is that the petitioner had filed the CWP before
the Hon’ble High Court of HP against the judgment passed by the HPAT on 08.01.2001.
Before this petition petitioners had filed an OA No 239/1991 before the HPAT and sought
relief to grant them three advance increments w.e.f. 01.01.1978 in terms of Government’s
Notification issued vide letter No. Shiksha-II-Kha(13)/80 dated 05.12.1986 wherein the
Government had accorded sanction for the grant of three advance increments to Physical
Education Teachers w.e.f 01.01.1978. This case was listed before the HPAT on
08.01.2001 and the same was rejected. Then the petitioner had filed the CWP No. 511/01
before the Hon’ble High Court of HP against the order passed by the Hon’ble
Administrative Tribunal, Himachal Pradesh. The Hon’ble High Court of Himachal
Pradesh vide its order, dated 13.05.2008 has passed judgment in this case which is as
under:-
“ In view of the above discussion, we are
of the considered view that the order of the Learned Tribunal
is not in conformity with law and the same is, accordingly set
aside. The Original Application filed by the applicants is
allowed and it is held that the petitioners are entitled to the
benefit of the letter dated, 05.12.1986. The amount payable to
the petitioners in terms of the letter dated, 05.12.1986 shall be
paid to them within three months from today with all
consequential benefits.”
It is further submitted that there are several Physical Education
Teachers who may claim the relief on the basis of this judgment and a huge amount is
involved on public ex-chequer and create huge financial implications. Before giving any
direction/clarification to the Directorate, we may seek the opinion of Law Department in
first instances.
Submitted please.
 Government of Himachal Pradesh
Department of Education
D-Section

File No. EDN(D)1-1/08 Misc.

Subject:- Appeal against order No. 111/96-218-19 dated 4.11.04.
PUC (1-4):- This has been received from Shankutla Sharma, Lecturer-in-Music, DIET
Mandi, Distt. Mandi on the subject cited above. The appellant was initially appointed as
TGT(Arts) in Sept. 1989 and subsequently promoted as Lecturer-in-Music during Jan,
1997 and posted in DIET Mandi