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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
MOHAMMAD RAFIQ, MS. JYOTSNA REWAL DUA, JJ.
The Chairman, Army Public School - Appellant
Versus
Smt. Urmila Chauhan, D/o Sh. Jiwan Singh Chauhan - Respondent
Letters Patent Appeal No.97 of 2021 Alongwith Civil Writ Petition No.2693 of 2021
Decided on : 30-03-2022
Army Welfare Education Society Rules and Regulations, 2011 - Rule 128 - AWES Rules & Regulations, 2019 - Chapter 7 - Clause 116 – Appeal - Maximum percentages for regular and contractual TGTs and PRTs - Army Public School, to regularize services of writ petitioner as Trained Graduate Teacher (Music) after completion of five years of service on contract basis by taking her appointment on contract basis, with all consequential benefits - Aggrieved, Army Public School, Dagshai has filed instant letters patent appeal.
Findings of the Court:
Division Bench granted interim relief and directed to maintain status quo and pursuant to said interim order, respondents were continued in service with Government. In year 2021, when said LPA was taken up for further hearing, it was submitted on behalf of respondents that as by now respondents have worked for seventeen years, State may be directed to absorb them in Government and their services may be regularized - By observing that as respondents have worked for a long time, i.e., for seventeen years, Division Bench has directed the State to consider cases of the respondents for absorption/regularisation and if required, by creating supernumerary posts - However, while issuing such a direction, High Court has not at all considered fact that the respondents were continued in service pursuant to interim order passed by the High Court - Court in case of (supra) and subsequent decision of this Court in case, relied upon by learned counsel appearing on behalf of respondents is concerned, none of aforesaid decisions shall be applicable to the facts of case on hand - Purpose and intent of decision in (supra) was, (1) to prevent irregular or illegal appointments in future, and (2) to confer a benefit on those who had been irregularly appointed in the past and who have continued for a very long time - Decision of (supra) may be applicable in a case where appointments are irregular on sanctioned posts in regular establishment - Same does not apply to temporary appointments made in a project/ programme.
Result: Writ petition stands disposed of
JUDGMENT :
Being companion matters, these are taken up together for decision.
LPA No.97 of 2021
Learned Single Judge vide judgment dated 04.05.2021, directed the Army Public School, Dagshai, District Solan, H.P., to regularize the services of the writ petitioner as Trained Graduate Teacher (Music) [in short ‘TGT (Music)’] after completion of five years of service on contract basis by taking her appointment on contract basis w.e.f. 19.09.2011, with all consequential benefits. Aggrieved, the Army Public School, Dagshai has filed the instant letters patent appeal.
2. Brief factual matrix of the case is as under:-
2(i). The Army Public School, Dagshai (appellants herein) advertised posts of Trained Graduate Teachers in the year 2006. Respondent No.1-Smt. Urmila Chauhan (writ petitioner) applied for the post of TGT (Music). She participated in the selection process and was appointed as TGT (Music) on temporary basis from 08.04.2006 to 31.03.2007.
2(ii). After expiry of the above period, the appellants again advertised the posts of Trained Graduate Teachers. Respondent No.1 applied for the post of TGT (Music). After going through the selection process, she was appointed as TGT (Music) w.e.f. 09.04.2007 to 31.03.2008 on temporary basis. In the similar manner, respondent No.1 was appointed as TGT (Music) w.e.f. 08.04.2008 to 31.03.2009 on temporary basis.
2(iii). The appellants advertised the posts of TGTs once again. Respondent No.1 applied for the post of TGT (Music). She was appointed as such on contractual basis w.e.f. 03.04.2009 to 02.04.2012. In similar manner, respondent No.1 was engaged on contractual basis w.e.f. 10.04.2012 to 09.04.2015, 17.04.2015 to 16.04.2016 and 25.04.2016 to 24.04.2017.
2(iv). Respondent No.1 submitted a representation praying for her regularization as well as for renewal of her contract. She being in family way, also prayed for maternity leave, which was sanctioned by the appellants w.e.f. 01.02.2017 to 21.04.2017. Her contractual period of service was to come to an end on 24.04.2017. Apprehending that the appellants might employ new TGT (Music) against the post occupied by her and also fearing that the appellants might not extend her service contract, she preferred civil writ petition, bearing CWP No.480 of 2017, inter-alia, praying that her services be regularized as TGT (Music) and her contract of service as TGT (Music) be renewed w.e.f. 25.04.2017. This writ petition was allowed by the learned Single Judge vide judgment dated 04.05.2021. The appellants herein were directed to regularize services of respondent No.1 as TGT (Music) after completion of five years of service on contract basis by taking her appointment on contract basis w.e.f. 19.09.2011 with consequential benefits.
Feeling aggrieved, the Army Public School, Dagshai has preferred the instant letters patent appeal.
3. Contentions:-
Learned counsel for the appellants submitted that respondent No.1 was appointed as TGT (Music) on temporary basis after following the due procedure of selection in terms of the Army Welfare Education Society Rules and Regulations (hereinafter referred to as ‘AWES Rules & Regulations’) w.e.f. 08.04.2006 to 31.03.2007, 09.04.2007 to 31.03.2008, 08.04.2008 to 31.03.2009 and thereafter on contractual basis w.e.f. 03.04.2009 to 02.04.2012, 10.04.2012 to 09.04.2015, 17.04.2015 to 16.04.2016 and 25.04.2016 to 24.04.2017. The appointment letters issued to respondent No.1 on temporary as well as on contractual basis clearly provided that at the end of the specified period of appointment, respondent No.1 will have no lien on the post. Respondent No.1 had agreed to the terms & conditions of the appointment letter. The claim of respondent No.1 with respect to regularization/renewal of the contract, therefore, is not justified. Learned counsel for the appellants further submitted that the last contractual appointment of respondent No.1 was to end on 24.04.2017. Accordingly, the appellants had issued an advertisement in March, 2017 for
No order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powers un....
No such order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powe....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
The court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
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