ORDER :

Petitioner herein has approached this Court seeking(a) directions to respondents to frame a policy for conferring contractual status to teachers working through School Management Committee (in short ‘SMC’) under Local Fund/Student Welfare Fund basis in the Government Schools and for her regularization in due course of time; (b) to declare the petitioner entitled to continue in service from due date i.e. 17.5.2013 with all consequential benefits; (c) direction to release the grant-in-aid in favour of petitioner from due date i.e. 17.5.2013 alongwith interest on market rate; and also, (d) in alternative, direction to treat the petitioner in continuous service in view of notification dated 17.7.2012 extended from time to time with all consequential benefits.

2. However, learned counsel for petitioner has restricted the claim of petitioner in present petition, only for seeking direction to respondents to release the grant-in-aid in favour of petitioner from the due date i.e. 17.5.2013 and alternatively, to release the grant-in-aid w.e.f. 16.8.2014, the date of notification extending the applicability of SMC Policy to all schools including the school of petitioner.

3. Therefore, without adjudicating other prayers of petitioner, leaving those issues open to be decided in appropriate petition, if so preferred, in the present petition claim of petitioner for her entitlement to grant-in-aid is being adjudicated.

4. Undisputed facts in present petition are that for shortage of staff petitioner was engaged by School Management Committee, respondent No.4, Principal, Government Senior Secondary School, Timbi as Language Teacher on SMC basis w.e.f. 17.5.2013 and since then she is continuing as such.

5. Claim of petitioner is that she is fully eligible to be appointed as Language Teacher fulfilling essential qualification prescribed under Recruitment and Promotion Rules (R&P Rules) to this post and after appointment, respondents/State has formulated a Policy dated 17.7.2012 with respect to grant-in-aid to teachers appointed on SMC basis for tribal and difficult areas and said Policy as notified vide communication dated 20th September, 2014 was extended to all schools which were upgraded during academic sessions 2013 and 2014 irrespective of area in which she falls and to all those sanctioned posts of teaching cadre which were vacant since more than two years from the date of issue of notification dated 16.8.2014. Resultantly, the area of GSSS Timbi also came in the area for which Policy to engage teacher(s) through SMC was extended.

6. Respondents have opposed the claim of petitioner by filing reply, stating therein that petitioner was engaged by School Management Committee vide Resolution dated 16.5.2013 against the post of Language Teacher for Academic Session 2013-14 by deciding to pay honorarium at the rate of Rs.20/- per student by collecting the same from parents/guardians and petitioner was allowed to continue her service for Academic Session 2013-14. It has been further stated in reply that when petitioner was not allowed to continue her service in school for next Academic Session then she approached the Erstwhile H.P. State Administrative Tribunal by filing OA No. 4464 of 2015 and in pursuant to order dated 24.11.2015 passed by Erstwhile H.P. State Administrative Tribunal, she was allowed to re-join the school on 29.02.2016 and since then, she is continuing as such and after re-joining she has been paid Rs.2000/- per month w.e.f. 1.3.2016 to 31.12.2019 and Rs.3000/- w.e.f. 1.1.2020 to 31.03.2020 by collecting the funds from parents and guardians of students by the concerned School Management Committee. Lastly, it has been stated that this High Court in CWP No. 277 of 2017 titled Subhash Chand vs. State of HP, has held that State cannot be directed to release wages in favour of petitioners who have not been appointed in terms of 2012 Policy, and thus, it has been contended that petitioner is not entitled for any grant-inaid from th