Point of Law : A model employer should not exploit its employee and take advantage of their helplessness and misery.

ORDER :

By way of instant petition, petitioner has prayed for following substantive reliefs:

(I) That an appropriate writ, order or directions may kindly be issued and the respondents may kindly be directed to bring the services of the petitioner on contract basis from the date when juniors of the petitioner in the State have been given such benefits with further directions to give all the monetary benefits of the contract services to the petitioner w.e.f. January, 2015 when such benefits were extended to the juniors of the petitioner in the State of HP in the interest of justice.

(ii) That a writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to release all the entire arrears of grant in aid to the petitioner with effect from 2007, the date when respondents started releasing grant in aid to the PTA teachers with interest @ 12 % p.a. till date and also to pay grant in aid in future to the petitioner.

2. The case of the petitioner in nutshell is that in 2005, the strength of students in +1 and +2 classes in GSSS Lalpani, Shimla was around 2000. Only 1 (one) DPE was posted in the said school. The school management found it difficult to cope with the requirements of students with only one DPE posted in the school. Permission was sought for another post of DPE in GSSS, Lalpani, Shimla from respondent No.2. Keeping in view the strength of the students, respondent No.2 granted the sanction to employ a DPE in GSSS, Lalpani, Shimla through the PTA. A selection committee was constituted. The post of DPE in GSSS, Lalpani, Shimla was advertised. Total 24 candidates participated in the selection process. Interviews were conducted and a panel of successful candidates was prepared. Petitioner was placed at serial No.2. The post of DPE in GSSS, Lalpani, Shimla was initially offered to the person placed at serial No.1 of the merit list, however, the said person resigned from the post within a month from the date of joining. Thereafter, the petitioner was offered appointment in October, 2005. Petitioner accepted the offer and has been working as DPE in GSSS, Lalpani, Shimla since then.

3. The grievance of the petitioner is that despite being allowed to work as DPE in GSSS, Lalpani, Shimla since 2005, he was not granted the benefit of grant-in-aid and was paid meagre emoluments from PTA funds. His further grievance is that he had also become entitled for the benefit of contract appointment after requisite period of service followed by regularization as per the policy adopted by the State Government.

4. The respondents, by way of their reply, have contested the claim of petitioner only on the ground that there was only one sanctioned post of DPE in GSSS, Lalpani, Shimla and it was held by a regular incumbent. Petitioner was not appointed against the sanctioned post and hence had no right to claim the benefits of grant-in-aid scheme to PTA teachers formulated by the State Government. The other factual aspects of the matter have not been denied on behalf of the respondents.

5. I have heard learned counsel for the parties and have also gone through the records of the case carefully.

6. It is evidently clear from the pleadings of the parties that the petitioner has been working as DPE in GSSS, Lalpani, Shimla since October, 2005. Almost 17 years have elapsed since the appointment of petitioner. Petitioner is being paid meager emoluments out of the PTA funds. Petitioner has been denied the benefit of PTA-GIA Policy-2006 only on the ground that he was not appointed against the sanctioned post. It is also not denied that respondent No.2 had allowed the Principal, GSSS, Lalpani, Shimla vide communication dated 13.07.2005 to appoint a DPE in the school out of the PTA funds keeping in view the strength of the students in the school. It is also not in dispute that on the basis of such sanction accorded by respondent No.2, a selection process was initiated and petitioner was appointed as DPE in the school in pursuance the