IMPORTANT POINT
The main legal point established in the judgment is that once selection was initiated under the Rules of 1973, the respondents cannot appoint on contractual basis when the contractual mode of recruitment was introduced after the incumbents had joined.

JUDGMENT :

Ranjan Sharma, J.

Notice. Mr. Rajan Kahol, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.

3. The petitioners, initially appointed as Trained Graduate Teachers (TGTs) and Lecturer (School Cadre) and some are presently working as Lecturer, School Cadre, have filed the instant writ petition with the following prayer(s):-

“i) That the respondents may kindly be directed to count the contract period of the petitioners w.e.f. the year 2008/09/10 as regular for all purposes like salary, seniority, increment and pensionary benefits from the initial date of appointment and grant them the consequential benefits in view of the law laid down by this Hon’ble Court in LPA 54 of 2013 and CWP No. 414 of 2014 and other connected cases, in the interest of justice and fair play.”

4. In the background, of the reliefs prayed for above, the brief facts and that respondents commenced the selection process for appointment to the post of Trained Graduate Teachers [Arts/Medical/Non Medical] and Lecturer (School Cadre) in 2008-2009, on contract basis, on Batch wise Basis, in Department of Education, of the State Government in accordance with the Himachal Pradesh Education Department, Class-III (School and Inspection Cadre) Services Rules, 1973 but, instead of appointing the Petitioners No. 1 to 35 as Trained Graduate Teachers [Arts/Medical/Non Medical] on regular basis they, were appointed on as TGTs on contractual basis in 2008-2009. Likewise the Petitioners No. 36 & 37 were appointed as Lecturers (School Cadre) in the year 2010 on contractual basis when, as per the existing R&P Rules of 1973, which only provided for regular appointment, in regular pay scale and on regular posts.

5. Now, the only grievance of the petitioners is that though as per the Himachal Pradesh, Education Department Class-III [School and Inspection Cadre] Service Rules, 1973, the petitioners 1 to 35 had undergone selection for appointment as TGT [Arts/Medical/ Non Medical] in 2008-2009 on regular basis but, were illegally appointed on contract basis when, in case of TGTs, the contractual mode-nomenclature of appointment was introduced in the Himachal Pradesh Elementary Education Department, [Class-III] [Non Gazetted], Recruitment and Promotion Rules on 12.10.2009. Likewise, in the case of petitioners No. 36 and 37, through the selection for recruitment as Lecturers (School Cadre) was enacted in 2009 under the R&P Rules of 1973 then, the respondents illegally appointed the petitioners on contract basis, when, in case of Lecturers (School Cadre), the contractual mode of appointments was introduced in the R&P Rules of Lectures (School Cadre) on 20.9.2010. Meaning thereby, that once the petitioners, have undergone selection under the R&P Rules of 1973 as TGTs and Lecturers (School Cadre) which provided for appointment on regular basis, in regular pay scale and regular posts then, on selection and joining the petitioners could not be appointed as TGTs & Lecturers (School Cadre) on contractual basis, when, the contractual mode of recruitment/appointment was introduced by the enacting the Rules of 1973 on 12.10.2009 [in case of Trained Graduate Teachers] and on 22.9.2010 [in case of Lecturers (School Cadre)], which could not apply retrospectively, so as to curtail the rights and benefits under Rules of 1973, under which their selection commenced, was undertaken and completed on their appointment/joining also.

In this background, the action of respondents in denying the “deemed regular appointment” to the petitioners, as TGTs [Arts/Medical/Non Medical] and Lecturers (School Cadre) from the date they were appointed as such on contract basis [prior to insertion of contractual mode-nomenclature of appointment in the Recruitment and Promotion Rules for Trained Graduate