SUJATA V.MANOHAR - (1.) THIS appeal is from an order of the Himachal Pradesh Administrative Tribunal dated 6th of July, 1994. it pertains to the promotion of Headmasters/Headmistresses of Government High Schools and Lecturers of Higher Secondary Schools to Class II (Gazetted) posts in the School and Inspection cadre of the State of Himachal Pradesh under the Recruitment and Promotion Rules of 1980.
(2.) PRIOR to the coming into force of the Recruitment and Promotion Rules for Class II posts (Gazetted) in the School and Inspection cadre (hereinafter referred to as 'the Recruitment Rules of 1980') in the Department of Education, Himachal Pradesh, which Rules came into force on 7-6-1980, the relevant Rules in force were the Rules of 1968. It seems that there were irregularities in complying with the Rules of 1968. After the Recruitment Rules of 1980 came into force, these Rules were also not being properly implemented. The Eduction Department, State of Himachal Pradesh had, from time to time, after 1980, entered into various agreements with Headmasters/Headmistresses of Government High Schools or Lecturers of Higher Secondary Schools, and/or other employees for the purpose of granting them promotions. The disputes ultimately came before the Supreme Court in the case of Sunita Sharma v. State of Himachal Pradesh, 1993 Supp (4) SCC 686. This Court observed that the State Government's action in keeping the said Recruitment Rules of 1980 in cold storage, and with no regard to them entering into ad hoc agreements with its employees from time to time, was unjustifiable and had resulted in the disputes between the Headmasters and School Lecturers (inter alia) with regard to promotional posts coming before it. The Court observed that the Recruitment Rules of 1980 provide for promotion to the Class II posts from the feeder posts of Headmasters and School Lecturers according to a roster system which gives 55 per cent of the promotional posts to Headmasters and 45 per cent of the promotional posts to School Lecturers. It directed the enforcement of Recruitment Rules of 1980 for promotions to Class II posts and for further promotions thereafter in the cadre. It directed that all agreements entered into by the State Government after 1980 with the employees were quashed except for the creation of additional posts of Deputy Director of Education from time to time. It also directed that the promotions shold be made in accordance with the Rules of 1980. On promotion to Class II posts, there should be prepared a common seniority list of promotees for the purpose of further promotion in the cadre. It also gave certain other directions including directions for protection of the salary received and so on. It is the grievance of the School Lecturers in the present proceeding that the directions so given by this Court in the case of Sunita Sharma (1993 Supp (4) SCC 686) (supra) have not been carried out. This contention has been negatived by the Tribunal after examining the steps taken by the State of Himachal Pradesh pursuant to the directions given in the case of Sunita Sharma (supra). Being dissatisfied with this finding of the Tribunal the appellant has filed the present appeal. This Court in the case of Sunita Sharma (1993 Supp (4) SCC 686) (supra) has not disturbed the position prevailing at the time when the said Recruitment Rules of 1980 came into force on 7-6-1980 on the ground that it would be undesirable to upset a position which has been settled a long time ago. It has directed proper implementation of the Recruitment Rules of 1980.
(3.) UNDER the said recruitment Rules 1980 the promotional posts which are clubbed together are those of Assistant Director of Education, District Education Officer, Deputy District Education Officer, Audio Visual Education Officer, Evaluation Officer, Officer on Special Duty, Principal Basic Training School, Principal Higher Secondary School, Counsellor Incharge, State Bureau of Vocational and Educational Guidance and Headmasters/Headmistresses of High Schools (Gazetted). The number of promotional posts which are available are also enumerated. In this category there are 237 posts in the pay scale of Rs. 400-800 and 142 posts in the pay scale of Rs. 700-1100 making a total of 379 posts. It is further stated that the number of posts in each of these scales shall be as may be fixed in the cadre strength on percentage basis from time to time. The promotional posts are all Class II (Gazetted) posts. Since the posts of Headmasters/Headmistresses of High Schools are promotional posts, these posts are Class II (Gazetted) posts carrying the pay scale of Rs. 400-800 or Rs. 700-1100. The feeder category for these posts is non-gazetted Headmasters/Headmistresses of Government High Schools carrying pay scale of Rs. 300-600 and Lecturers of Higher Secondary Schools with five years of service in the grade. The latter are in the same pay scale of Rs. 300-600. The posts which are available as promotional posts are to be distributed between these two feeder categories in the ratio of 55 per cent for non-gazetted Headmasters/Headmistresses of Government High Schools and 45 per cent for Lecturers of Higher Secondary Schools. There is also a roster provided in the said Rules for the allocation of posts to both these feeder categories. Notes 1 and 2 at the bottom at the roster state as follows :- "Note 1 : Since the pay scales of Rs. 400-900 and Rs. 700-1100 have been determined as a result of revision of pay scales w.e.f. 1-11-66 onwards, the Headmasters/Headmistresses of State and provincialised Cadres will get the above scales on the basis of their position in the final seniority list as a revised pay scales. Note 2 : As regards School Lecturers, it will be a promotion in Rs. 400-800 (gazetted) for all intents and purposes. Provided that Officers on their initial appointment shall be placed in the scale of Rs. 400-800 and thereafter the grant of the higher pay scale of Rs. 700-1100 would depend upon availability of posts on percentage basis (as indicated against Col. 2 and seniority and fitness etc.). Provided further that the senior most incumbents in the cadre shall be posted as Assistant Director of Education/District Education Officer/Officer on Special Duty." As a result of these Rules the School Lecturers were given the avenue of promotion as Headmasters/Headmistresses in Govern-ment Schools (Gazetted). ;