IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA
IN THE MATTER OF:-C.W.P. No. ______ of 2019
Sh. Jai Chand Petitioner.
Versus
State of H.P. and others.Respondents.
LIST OF EVENTS
DATES EVENTS
31.08.1982 Notification of equivalence was issued by the
respondent state
23.03.1989 Finance Department of the Govt. issued notification
of regard grant of TGT scales to
21.12.1989 Notification regarding grant of new pay scale to
newly recruited /LTS was issued.
17.12.1991 Classification regarding grant of TGT scale to
traindshastri was issued.
23.03.1999 Notification regarding equivalence of OT training
with B.E.D was issued.
15.10.2003 Pay fixation notification issued on revision of pay
scale
13.1.2012 LPA No 102/2010 titled as lekh Raj & Rama vs
State of HP decided
1.4.2013 Petitioner representation filed throw proper channel
was decide and petitioner was granted grade pay
at par with TG’s with effect from 1.10.2012
19.07.2017 Latter regarding wrong fixation of pay of petitioner
was issued however no copy was to communicated
to petitioner

June 2019 Reduction in grade pay from Rs. 5000, to Rs. 4400
wrong
19.09.2019 R-3 issued latter to R-4 for recovery and making
entry in resource book
30.09.2019 Letter for recovery of R.s 123601 was issued which
was received by petitioner on 9.102019
16.11.2019 Second letter vide no. EDN. GSSS-NMD-E-
IV( Recovery of over payment was issued .

Shimla Petitioner
Date: Through Counsel
Amit Singh Chandel, Advocate
 IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
IN THE MATTER OF:- C.W.P. No. ______ of 2019
Jai Chand S/o Sh. Hari Chand R/0 VPO&Tehsil NirmandDistt.
Kullu HP Presently posted as Shastri with OT Govt. High School
Baya under Complex Govt. Sr. Sec. School NirmandDistt. Kullu
HP.
…..Petitioner
Versus
1. State of Himachal Pradesh through secretary Education to the
Govt. of Himachal Pradesh Shimla-1
2. Directorate of elementary education Lalpani School Road
Shimla -3 Himachal Pradesh ,through its Director
3. Deputy Director of Elementary education KulluHP
4. Principal , Govt. Sr. Sec. School NirmandDistt. Kullu HP
CIVIL WRIT PETITION UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA FOR THE
ISSUANCE OF APPROPRIATE WRIT, ORDER OR
DIRECTIONS TO THE RESPONDENTS AS MAY BE
DEEMED JUST AND PROPER KEEPING IN VIEW
THE FACTS AND CIRCUMSTANCES OF THE CASE.
Petitioner
Shimla: Through Counsel
Dated: Amit Singh Chandel
Advocate
MAY IT PLEASE YOUR LORDSHIPS:
1. That petitioner is a citizen of India and in the facts and
circumstances mentioned hereinafter he is entitled to file and
maintain the present writ petition.
2. That, the respondents are the state within the meaning of
Article 12 of the Constitution of India and are amenable to the
writ jurisdiction of this Hon’ble court.
3. That petitioner has done degree in shastri in the year 1985
which is equivalent to Bachlor of Arts (BA) and copy of the
Shastri Degree is as annexure P-1 and thereafter had acquired
qualification of trained Sanskrit language teacher by
undergoing OT in the year 1987 which is equivalent to (B.Ed).
and is as annexure P-2.
4. That shastri is equivalent to Bachlor of Arts is evident from
notification of the respondent state dated 31.8.1982 ,which is
enclosed as annexure P-3 ,as per this notification
Shikshasahastri is equivalent to B.Ed , similarly as per letter
dated 23.3.1999, which is regarding equivalence of OT training
with B.Ed, in this letter it has been clarified as follows :
Para 2
“Thus it is clear from the above facts that O.T. (Sanskrit)
course for Shastri from a recognized University/Institution
is a professional course like that of B.Ed. Course for those
degree holder who had done their B.A. with Sanskrit as an
elective subject and B.Ed. with Sanskrit as an teaching
subject are the same and needs not to be equated. So far4
as the recognition of the O.T. from the Chandigarh
Administration Institute is concerned, the same is a
recognized institution as intimated by the Registrar
Education(S), under Secretary (Education), Chandigarh,
Administration (copy enclosed). You are therefore, advised
to make necessary amendments in the Recruitment and
Promotion Rules of the Sanskrit teacher (Shastri)
incorporating the said qualification for appointing (TGT
Sanskrit) teachers as per provisions of the notification of
the revised pay scale of the post with which all the officials
having the requisite qualification would be eligible for the
pay scale of Rs.1640-2925 as desired by you.” Copy of the
letter dated 23.3.1989 is enclosed as annexure P-4 .
5. That also vide notification of the finance department of
respondent state , dated 23.3.1989 pay scales per notified , and
at serial no. 22 the scales for the incumbents like present
petitioner was notified , and it was provided that these scales
and in the remarks column it was mentioned as “These scales
will be measure personal to the present incumbent and in future
Master (TGT) be appointed as Language Master” Copy of the
notification dated 23.3.1989 is enclosed as annexure P-5,
pursuant to the above mentioned notification on dated
21.12.1989 respondent education department issued
notification for “Grant of new pay scale to newly recruited
shastries/LTs” , wherein para 4 it was provided as follows :
Para 4:
 “It has further been decided that the scales granted to
LTs/Shastris in F.D. Notification No. Fin(C) B(7)-6/88
dated the 23rd March,1989 , shall be admissible only to
trained graduate language teacher”.
Copy of the notification dated 21.12.1989 issued by respondent
education department is enclosed as annexure P-6 for the kind
perusal of this Hon’ble Court.
6. That clarification in respect of abovementioned para 4 of the
above notification dated 21.12.1989 was issued on dated
17.12.1991 and it was clarified that those shastries and Language
teachers , who have been been working continuously till
notification no. Fin-C(A)(7)0-6/00 dated 23.3.1989 issued by the
Finance Department,they would be given pay of Rs. 1640-2925/-
that will be their personel pay scale and appointment made after
23.3.1989 , who have less education qualification they would be
given pay scale of Rs. 1500-2640/- and those who fulfill the
educational qualification i.e. TGT , they would be given pay scale
as per the finance department Notification No.Fin(C) 3 (7) -#/33
dated 23.3.1989, Copy of the clarification dated 17,12,1991 is
enclosed as annexure P-7.
7. That in this background on revision of the pay scale in the year
2000 another clarification was issued regarding grant of TGT
scale to Shastries who have passed ShikshaShastri/OT/B/Ed, and
TGT scale of Rs. 5480-8925 was granted to Shastries. Copy of
the Pay Fixation notification No.EDN-H(III)B(2) 6/2000-Pay
Fixation dated 15.10.2003 is enclosed as annexure P-8. Also
by judgment of Division Bench of this hon’ble court in Lek Raj and
others Vs State of HP the Shastri with OT have been treated
equivalent to TGT and have been held entitled to promotion to
the post of Lecturer Sanskrit and SLP of the state in this matter
has been dismissed ,Copy of the Judgment in LPA 102/2010 and
orders of dismissal of Slp are enclosed as annexure P-9 and P-10
respectively for the Kind perusal of this Hon’ble
8. That since present petitioner was having shastri with OT , from
the date of initial appointment as appointment as such , due and
admissible TGT scale was granted to the petitioner , however in
the year 2012 the grant of grade pay was introduced for the
employees of the state of Himachal Pradesh , and TGT were
granted grade pay of Rs. 5000/- , however to petitioner the
 grade pay was not granted , as such , petitioner made
representation to the respondents through proper channel and
vide letter dated 1.4.2013 the petitioner was granted grade pay
at par with TGTw.e.f. 1.10.2012. , however on dated 19.7.2017 ,
respondent no. 3 made communication to respondent no. 3 ,
regarding wrong fixation of pay of present petitioner and asked
to correct the same , copy of the letter dated 19.7.2017 is
enclosed as annexure P-11 , however no notice of letter dated
19.7.2017 was ever issued to the petitioner and this letter was
given effect w.e.f. july .2019 as evident from the copy of the
salary slip for the month of June ,2019 and July 2019 which are
enclosed as annexure P-12 for the kind perusal of this hon’ble
court .
9. That now on dated 9th October,2019 letter dated 30 the
September ,2019 as annexure P-13 was received by the
petitioner , and petitioner has been directed by respondent no.4
to deposit the excess amount of Rs. 123601 in lump –sum and
deposit in the treasury within seven days. Also on dated 19 th
September ,2019 vide annexure P-14 was issued by respondent
no. 3 w.r.t. present matter to respondent no. 4 and has directed
the respondenmt no. 4 to make entry in the service book again
on dated 16.11.2019 vide annexure P-15 petitioner has ben
asked to deposit the amount of over payment, as such against
this action the petitioner is aggrieved and filing the present
petition on the following grounds :
A) Because the action of the respondents in not giving salary as
well as grade pay equivalent to TGTis arbitrary, illegal
because the respondent state vide its notifications as annexure
P-3-P-8 has treated Shastri with OT equivalent to TGT for the
purpose of TGT scale which was granted to such incumbent ,
however when despite this when other service benefits i.e.
promotion etc. to the post of lecture Sanskrit were not granted
then Shastri with OT having higher qualification in the subject
of Sanskrit filed OA which was ultimately decided in LPA
no.102/2010 and shastri with OT having MA(Sanskrit) were
considered equivalent to TGT for all intent and purpose and
were held entitled for promotion as Lecturer Sanskrit, and SLP
filed in LPA no.102/2010 has been dismissed , therefore
despite this now the respondents have reduced the grade pay
 of the petitione from Rs. 5000 to Rs.4400 and for the amount
of payments made in consonance of the Grade pay of Rs.5000
now vide annexure P-13 and P-14, P-15 has initiated the
recovery for an amount of Rs. 123601/-with direction to make
entry in the service book, as such indulgence of this Hon’ble
court is being prayed in the facts and circumstances of this
case.
B) Because the Respondents have miserably failed to ensure the
standards of fairness and in adopting an intelligible approach
towards treating petitioner shastri with OT equivalent to TGT
for all inten and purpose, as such has violated the
Constitutional Mandate and frustrated the very objective, for
which the powers and authority has been given to respondents
as such indulgence of this Hon’ble court is being prayed in the
facts and circumstances of this case .
C) That there exists malice in law on the part of respondents as
there is no reasonable excuse to not to treat shastri with OT
equivalent to TGT for all intent and purpose ,especially when
the instructions issued by the respondent state has treated
Shastri with OT equivalent to TGT and as per all these
administrative/executive instructions this Hon’ble Court has
opened the promotional avenues to the Shastri with OT
having higher qualification to the post lecturer Sanskrit. In
LPA No. 102/2010, as such , despite this instructions as well
as judgment of this Hon’ble court is not being implemented in
letter and spirit and which establish malice in law on the part
of the respondents, therefore ,indulgence of this Hon’ble court
is being prayed in the facts and circumstances of this case to
quash and set aside annexure P-13 and P-14 , P-15.
D) Because the Petitioner has been unnecessarily harassed and
has to first come to the Court by expanding a great deal of
money and time, which could have otherwise been used and
utilized for performing his duties within the respondent
department , had the Respondent been fair and diligent.
therefore ,indulgence of this Hon’ble court is being prayed in
the facts and circumstances of this case for quashing and
setting aside annexure P-13 and P-14 , and annexure P-15
 10. That the Petitioner has no other alternative and efficacious
remedy except to file the present Writ Petition before this
Hon’ble Court.
11. That the Petitioner have not filed any other similar writ
petition in this Hon’ble Court or in the Supreme Court of India
or in any other High Court/Courts of India seeking similar
relief.
12. That the cause of action has arisen totally within the
jurisdiction of this Hon'ble Court and therefore this Hon’ble
Court has the jurisdiction to entertain and try the matter.
IN THE PREMISES STATED HEREIN ABOVE, THE PETITIONER ABOVE
NAMED, MOST RESPECTFULLY PRAYS THAT THIS HON’BLE COURT
MAY BE PLEASED TO:

i) issue a writ of certiorari or any other appropriate writ, order or

direction, to quash and set aside annexure P-11 dated
19.7.2017,P-13 dated 30.9.2019 ,P-14 dated 19.9.2019 &
annexure P-15 dated 16.11.2019 being violative of instructions
as annexure P-3 to P-8 as well as judgment in LPA 102/2010 as
annexure P-9 , in the ends of law equity and justice .

ii) issue writ of mandamus or any other appropriate writ, order or

direction to reimburse reduced amount of grade pay along
with interest as deducted from the salary of the petitioner w.e.f
June ,2019 and grant all service benefits and consequential
service benefits to the petitioner at par with TGT(Trained
Graduate Teachers) in the ends of law equity and Justice .

iii) Call for the entire record pertaining to the case of the petitioner;
and

iv) Any other relief as may be deemed just and proper keeping in
view the facts and circumstances of the case may also be
granted. Petitioner

Place ; Shimla Through Counsel

Date :17.11.2019Amit Singh Chandel,Advocate
 IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA

IN THE MATTER OF:-C.W.P. No. ______ of 2019

Sh. Jai Chand ….Petitioner.

Versus

State of H.P. and others.….Respondents.

AFFIDAVIT

I, Jai chand S/o Sh. Hari Chand R/0 VPO& Tehsil NirmandDistt. Kullu

HP Presently posted as Shastri with OT Govt. High School Baya under

Complex Govt. Sr. Sec. School NirmandDistt. Kullu HP.aged do hereby

solemnly affirm and declare that I have gone through the civil writ

petition and the contents of the same from paragraphs 1 to 12 are true

and correct to the best of my personal knowledge and belief. No part of

it is false and nothing material has been concealed therefrom.

I solemnly affirm and declare that the contents of this

affidavit of mine are true and correct, no part of it is false and nothing

material has been concealed therefrom.

Verified at Shimla on this the 17th day of Nov, 2019.

 IN THE HON’BLE HIGH COURT OF HIMACHAL
PRADESH AT SHIMLA

IN THE MATTER OF:- C.W.P. No. ______ of 2019

Sh. Jai Chand Petitioner.
Versus
State of H.P. and others. Respondents.
LIST OF DOCUMENTS
S.No. List of documents Page
1. Annexure-P-1: Copy of theshastri result board
2. Annexure-P-2: copy of the OT Result card
3. Annexure-P-3:Copy ofequivalence notification
dated 31.08.1982
4. Annexure-P-4: Copy of latter dated 23.03.1999
5. Annexure-P-5:Copy of notification of department
23.03.1989
6. Annexure-P-6:Copy of notification dated
21.12.1989
7. Annexure-P-7:Copy of the classification Date
17.12.1991
8. Annexure-P-8:Copy of the pay fix…. Notification
15.10.2003
9. Annexure-P-9:Copy of the Judgment in LPA
102/2010
10. Annexure-P-10:Copy of Order of Supreme court
in SLP
11. Annexure-P-11:Copy of the latter Dated
19.7.2017
12. Annexure-P-12:Copy of the Salary slips
13. Annexure-P-13:Copy of the order dated
30.09.2019
14. Annexure-P-14:Copy of order Dated 19.09.2019
15. Annexure P-15: Copy of order dated 16.11.2019
Shimla Petitioner
Through Counsel
Date: Amit Singh ChandelAdvocate
 IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA

C.W.P. No. ______ of 2019

IN THE MATTER OF: -
Sh. Jai Chand …Petitioner.
Versus
State of H.P. and others.
Respondents.
INDEX
SR. PARTICULARS PAGE
NO.
1 Court Fee
2. List of and events
3. Memo of parties
4. Civil Writ Petition along with affidavit
5. List of documents
6. Annexure-P-1: Copy of theshastri result board
7. Annexure-P-2: copy of the OT Result card
8. Annexure-P-3: Copy ofequivalence notification dated
31.08.1982
9. Annexure-P-4: Copy of latter dated 23.03.1999
10. Annexure-P-5:Copy of notification of department
23.03.1989
11. Annexure-P-6: Copy of notification dated 21.12.1989
12. Annexure-P-7: Copy of the classification Date
17.12.1991
13. Annexure-P-8:Copy of the pay fixation Notification
15.10.2003
14. Annexure-P-9:Copy of the Judgment in LPA 102/2010
15. Annexure-P-10:Copy of Order of Supreme court in SLP
16. Annexure-P-11:Copy of the latter Dated 19.7.2017
17. Annexure-P-12:Copy of the Salary slips
18. Annexure-P-13:Copy of the order dated 30.09.2019
19. Annexure-P-14:Copy of order Dated 19.09.2019
20. Annexure P-15: Copy of the Order dated 16.11.2019
21. Application under Rule 2
22. Application for Interim with affidavit
23. Application for Exemption
24. Power of attorney

Petitioner
Through Counsel
Shimla Amit Singh ChandelDate: Advocate
IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA

In the matter of:-C.M.P. No _of 2019 In C.W.P. No_ of 2019

Sh. Jai Chand Petitioner/applicant.

Versus
State of H.P. and others.…. Respondents/non- applicant
APPLICATION UNDER ARTICLE 226 (I) OF THE
CONSTITUTION OF INDIA FOR SEEKING INTERIM
DIRECTIONS TO THE RESPONDENTS.
MAY IT PLEASE YOUR LORDSHIPS:
1. That the applicant/petitioner has filed the above-
mentioned writ petition before this Hon’ble Court, which is pending
adjudication. The grounds of the writ petition may kindly be read as
the grounds of this application which have not been reproduced here
for the brevity sake.
2. That the applicant/petitioner has a very good prima-facie
case in his favour and the balance of convenience also lies in his
favour.
3. That the petitioner will suffer irreparable loss and injury if
the interim directions are not passed during the pendency of the writ
petition.

It is, therefore, most respectfully prayed that keeping in

view the facts and circumstances mentioned hereinabove, this
application may kindly be allowed and during the pendency of the writ
petition operation of annexure P-11 dated 19.7.2017, P-13 dated
30.9.2019 ,P-14 dated 19.9.2019 & annexure P-15 dated 16.11.2019
may kindly be stayed in the ends of law, equity and justice.

Applicant/Petitioner

Shimla Through Counsel

Date:Amit Singh Chandel,Advocate
 IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH
C.M.P. No ______ of 2019in C.W.P. No. ______ of 2019

In the matter of:-

Sh. Jai Chand Petitioner/applicant.
Versus
State of H.P. and others.Respondents/non-applicants.
AFFIDAVIT
I, Jai chand S/o Sh. Hari Chand R/0 VPO& Tehsil
NirmandDistt. Kullu HP Presently posted as Shastri with OT Govt. High
School Baya under Complex Govt. Sr. Sec. School NirmandDistt. Kullu
HP. ageddo hereby solemnly affirm and declare that I have gone
through the Civil Miscellaneous petition and the contents of the same
from paragraphs 1 to 3are true and correct to the best of my personal
knowledge and belief. No part of it is false and nothing material has
been concealed therefrom.
I solemnly affirm and declare that the contents of this
affidavit of mine are true and correct, no part of it is false and nothing
material has been concealed therefrom.
Verified at Shimla on this the 17th day of Nov, 2019.
IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESHAT
SHIMLA
C.M.P. No ______ of 2019
In
C.W.P. No. ______ of 2019
In the matter of:-
Sh. Jai Chand Petitioner/applicant.
Versus
State of H.P. and others. Respondents/non-applicants.
APPLICATION UNDER RULE 2 OF THE WRIT RULES TO
WAIVE OF THE REQUIREMENT OF SERVING SEVEN DAYS
NOTICE TO THE NON-APPLICANTS/RESPONDENTS.
MAY IT PLEASE YOUR LORDSHIPS:
1. That the applicant/petitioner has filed the Civil Writ Petition
under Article 226 of the Constitution of India, which is pending
admission before this Hon’ble Court.
2. That along with the CWP the applicant/petitioner has also
filed a Civil Miscellaneous Petition under Article 226 (i) of the
Constitution of India for seeking interim relief/directions to the non-
applicants/respondents.
3. That the grounds of the writ petition would reveal that the
matter is urgent and it requires immediate intervention of this Hon’ble
Court. It is not possible for the applicant /petitioner to serve7days’
notice to the non-applicants/respondents as required under High Court
Rules. It is a fit case where the requirement of serving 7 days’ notice
to the non-applicants/respondents should be dispensed with.
It is, therefore, respectfully prayed that in view of the
submissions made hereinabove, this application may kindly be allowed
and the requirement of serving seven days notice to the non-
applicants/respondents may kindly be dispensed with in the interest of
justice.
Applicant/Petitioner
Through Counsel
Amit Singh Chandel
Advocate
Shimla
Date:
Note: - Since the present application is formal in nature, therefore, the
necessity of filing the supporting affidavit my kindly be dispensed.
Amit Singh Chandel
Advocate
IN THE COURT OF HON’BLE HIGH COURT OF H.P. AT SHIMLA
CMP No….…/2019
In
CWP No….…/2019
In the matter of:-
Sh. Jai Chand………Applicant/Petitioner
Versus
State of HP & Others ……………..Non-Applicant/Respondents
Application under section 151 CPC from exemption
from filling typed copies/ English Translation of
annexures P-1,P-4, P-7,P-8,P-11
May it Please Your Lordships:-
1. That the applicant had filling the writ petition before this Hon’ble
court which is pending admission.
2. That the petitioner has annexed the annexure P- which are in
Hindi. The translation in English of the same requires some time to file
and the present writ is urgent in nature and interim direction is also
involved in the present petition.
It is therefore, respectfully prayed that the present application
may kindly be allowed and the applicant may kindly be exempted from
filling the English translation of annexure P-1,P-4, P-7,P-8,P-11 or
some time may kindly be allowed to file typed copies/English
translation in the interest of law and justice.
Applicant /Petitioner
Dated Through Counsel
Shimla Amit Singh Chandel
(Advocate)
Note:-Since the application is formal in nature therefore affidavit is not
required.
Amit Singh Chandel
(Advocate)