S.V. Manohar, J. - (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 Education 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 and Ors. v/s. : (1994)IILLJ527SC . 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 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 should 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.
(3.) 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 (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.;