HP High Court Affirms 2-Year Service Extension For Indira Gandhi NSS National Awardee Teachers In Himachal Pradesh

Background Facts

The respondent was a Lecturer (History) in the School Cadre of Himachal Pradesh. He joined service on 07.12.1995 and was later promoted to Principal. He was also sent on deputation as Incharge of the National Service Scheme (NSS) in the Department of Higher Education.

During his service, he received the Indira Gandhi National Service Scheme Award for the period 2011-2012, which was granted by the Hon'ble President of India. He retired on attaining the age of 60 years. Then he sought the benefit of two years of extended service/salary increment under State government notification dated 24.09.2015. The notification provided extension to teachers who had received national awards. However, the State denied his claim. The State argued that his award was under a separate NSS scheme which was not covered by the notification.

Consequently, the respondent filed a writ petition. A Single Judge allowed his petition, holding him entitled to emoluments for two years from his retirement date after adjusting pension paid. Aggrieved by the same, the State of Himachal Pradesh filed the Letters Patent Appeal.

It was argued by the appellant-State that the benefit under the notification dated 24.09.2015 flowed only if the selection of teachers for a State Award was made by the Committee constituted at District, Directorate, and State levels for grant of National Award to teachers.

It was further contended that the respondent had been awarded the Indira Gandhi National Service Scheme Award under a separate set of Scheme and eligibility conditions, which was not covered under the Government notifications. It was argued that the award was for contribution to community and social service activities of the NSS.

On the other hand, it was submitted by the respondent that his backbreaking endeavours had increased the strength of NSS Units from 149 to 150. Further, he repeatedly communicated with the State Government regarding his contribution to furthering NSS activities.

Findings and Observations of the Court

It was observed by the Division Bench that the notification dated 24.09.2015 granted extension of two years of salary increment to teachers who received national awards, and one year extension to those who received state level awards.

It was further observed that the respondent was granted the award by the Hon'ble President of India on 19.11.2012 in Darbar Hall at Rashtrapati Bhawan. It was noted that the respondent as Programme Coordinator (NSS) had made possible efforts to extend the benefit of NSS to most of the students of Senior Secondary Schools, and his backbreaking endeavours had increased the strength of NSS Units from 149 to 150.

It was further noted that NSS activities are part of community services rendered by National Service Scheme (NSS) volunteers. As per guidelines, the aim and object of the National Service Scheme (NSS) Programee is that it is a service rendered by volunteers. Further, to recognize the voluntary service rendered by NSS volunteers, Programme Officers, NSS Units and the University NSS Cells, suitable incentive and awards have to be given under the Scheme to such volunteers.

It was held by the Division Bench that the respondent was a beneficiary of the Award and, therefore, the State cannot wash its hands off for the achievement of its own employee who received a national award from the President.

With the aforesaid observations, the decision of the Single Judge was upheld by the Division Bench. Consequently, the Letters Patent Appeal filed by the State was dismissed by the Division Bench.

Case Name : State of Himachal Pradesh and another v. Daleep Kumar

Case No. : LPA No.190 of 2026

Counsel for the Appellants : Rakesh Dhaulta, Additional Advocate General

Counsel for the Respondent : N/A