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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Bhagwan Singh Negi – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Jyotsna Rewal Dua, J.)
Petitioner is serving as Lecturer (Public Administration) in Government Degree College, Reckong Peo, District Kinnaur. He is serving as such on Parent Teacher Association (‘PTA’) basis from 25.07.2005. Petitioner is also being paid grant-in-aid by the respondent-State under the Grant-in-Aid Rules, 2006. His grievance is that despite rendering almost 20 years of service, the respondent has not regularized his services till date; He is being discriminated viz-a-viz similarly situated lecturers, who were appointed on PTA basis.
2. The case may be summarized as under:-
2(i). As noticed above, petitioner is serving as Lecturer (Public Administration) in Government Degree College, Reckong Peo, District Kinnaur on PTA basis w.e.f. 25.07.2005. Grant-in-Aid Rules were promulgated by the respondents in the year 2006. A duly constituted PTA Committee, appointed the petitioner under the provisions of Grant-in-Aid Rules as Lecturer (Public Administration) on 19.08.2006.
2(ii). Grant-in-aid has been released to the petitioner by the respondent-State w.e.f. 07.05.2009. It is not in dispute that ever since the petitioner is being paid this grant-in-aid by the responde
The court directed the respondent to consider the petitioner's regularization based on established criteria, highlighting discrimination against similarly situated lecturers.
Regularization of part-time employees must adhere to the principles of regular appointment and cannot be granted as a back-door entry.
The court emphasized the need for fair and non-discriminatory treatment in the regularization of services, in line with the principles of equality enshrined in Articles 14 and 16 of the Constitution ....
Regularization of services of lecturers requires adherence to specific eligibility criteria and procedures; failure to comply results in the denial of such claims.
Eligibility for regularization and pension is contingent upon meeting the prescribed qualifications at the time of appointment and undergoing a selection process.
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