Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA, J.
AARTI BHANWAL D/O SHRI CHAMAN LAL – Petitioner
Versus
STATE OF HIMACHAL PRADESH – Respondent
Civil Writ Petition No. 4943 of 2021
Decided On : 04-11-2022
Grand In Aid Rules 2006 - PTA Grant Aid Rules, 2010 - Continuous Absence from Duties - Services Came to be Disengaged - Petitioner was appointed as a Lecturer at Government Senior Secondary School on PTA basis, however, her services came to be disengaged on account of her continuous absence from duties.
Finding of the Court :
Learned Assistant Advocate General has not been able to pinpoint document, if any, available on record, suggestive of fact that aforesaid communication was withdrawn or stands superseded - However, learned Assistant Advocate General argued that since post in question stands filled by regular hand, prayer made on behalf of petitioner cannot be considered - However, this Court finds no merit in aforesaid submission and as such, same deserves to be rejected outrightly - As has been discussed herein above, till time, communication whereby respondents took a conscious decision to reengage services of all PTA provided teachers, who were engaged prior, is either withdrawn or superseded, respondents are bound to consider case of petitioner as well as other similarly situate persons, for reengagement against post in question - True, it is that respondents have filled up the post in question by a regular hand, but right of petitioner, accrued to her with issuance of communication, cannot be defeated by transferring/ appointing a regular hand against post in question, regular hand so posted against post in question, at Government Senior Secondary School Sandhole can be adjusted in some other school by respondents - Consequently, in view of above, this court finds merit in case at hand, and accordingly, same is allowed and order (Annexure P-9) is quashed and set-aside.
Result: Petition disposed of.
ORDER :
1. Petitioner herein was appointed as a Lecturer (Political Science) at Government Senior Secondary School Sandhole, District Mandi, Himachal Pradesh on 11.10.2007 on PTA basis, however, her services came to be disengaged on 24.07.2009 on account of her continuous absence from duties. Subsequently, vide Notification dated 22.5.2014, Government of Himachal Pradesh, on the recommendations of the High Powered Committee constituted under the chairmanship of Chief Secretary to the Government of Himachal Pradesh, decided to reengage all the PTA provided teachers, who were engaged before 31.12.2007 and whose services were discontinued for the reasons other than enquiry committee, if they are eligible as per the Recruitment and Promotion Rules. Vide aforesaid communication, Director Higher Education and Director Elementary Education, Himachal Pradesh were requested to take further necessary action in the matter under intimation to the Department. Pursuant to letter dated 23.02.2013, Principal Government Senior Secondary School, Sandhole, Mandi supplied their requisite information on the prescribed proforma and certificate in respect of his school (Annexure P-5). Principal of the school concerned specifically informed in the aforesaid communication that the petitioner remained absent from service on account of long illness and after that regular hand joined on 24.07.2009. The proforma is reproduced herein-below:
“Information of lecturer (School Cadre) those who were provided by the Patent Teacher Association in Himachal Pradesh
(Engaged before 31.12.2007 and discontinued after 31.12.2007)
| S. No. | Name of the school | Details of PTA lecturers (school) engaged against sanctioned post till 3.01.2008 | Name of the lecturer (School) | Subject | Date of birth | Date of Engagement | Qualification Academic/Professional | Whether removed, if yes specify reason i.e. on recommendation of enquiry committee/by transfer/promotion/on appointment of regular or contract/self resigned with date | Whether reengaged if yes, specify the ground by enquiry committed or by the court order | Date of reengagement | Whether covered under GIA if, yes mention the date | ||||
| MA with age | Year of passing | B.Ed. with % age | Year of passing | Reason | Date | ||||||||||
| 1. | GSSS Sandhole DISTRICT Mandi | One post of lecturers engaged against sanctioned post till 03.01.2008 | Sh. Kamaljeet Sharma | Pol. Science | 30.04.1995 | 11.10.2007 (FN) | 44.51 % | Nov. 2004 | 60.22 % | April/ May 1999 | Service terminate due to enquiry done by SDM © Sarkaghat | 25.09.2008 | Yes. Reengaged by stay order of Hon’ble High Court HP Shimla | 04.07.2009 | Yes, covered under GIA to PTA on 11.10.2007 |
| 2. | GSSS Sandhole District Mandi | -do- | Smt. Arti Devi | Pol. Science | 10.06.1981 | 11.10.2007 (FN) | 47% | April 2004 | 69% | Nov. 2004 | Absent w.e.f.25.02.20 09 to 23.07.2009 due to illness and after the regular hand joined on 24.07.2009 as such services were deemed terminated although approached for joining. | 24.2.2009 | ---- | ---- | -do- |
PROFORMA FOR PTA TEACHERS UNDER GRAND IN AID RULES 2006
| S. No. | Name of the School | Name of PTA GIA teachers | Category i.e. lect. (college)/lect.(school) DPE | Subject | Date of Birth | Date of engagement | Qualification | Reason of removal i.e. on recommendation of enquiry committee by transfer/promotion or appointment of regular on contract/self resigned/willful absence with date | Whether covered under GIA if Yes mention the date | ||
| MA with % age | B.Ed with and age | Reason | Date | ||||||||
| 1. | GSSS Sandhole Distt. Mandi | Smt. Arti D | |||||||||
Appointment - Respondents have filled up the post in question by a regular hand, but right of the petitioner, accrued to her with the issuance of communication dated 22.5.2014, cannot be defeated by ....
Validly appointed PTA teacher, post-set-aside of termination, entitled to re-engagement with service continuity from initial engagement, contractual status after seven years, regularization w.e.f. 01....
Date of appointment for re-engagement eligibility under PTA policy is actual joining date, not initiation of selection process.
The court held that the petitioner was not entitled to re-engagement under the policy as she was appointed after the cutoff date and failed to justify the delay in filing her petition.
Termination of PTA teacher's engagement without show cause notice, defying prior grant-in-aid directions, is arbitrary, violates natural justice and Article 14; mandates quashing and retrospective re....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
