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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Lata Kumari – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. pta teacher entitled to grant-in-aid against vacancy. (Para 1 , 2 , 3 , 4) |
| 2. termination without notice; tribunal directs gia payment. (Para 5 , 6 , 7) |
| 3. dispute on qualification mismatch and post vacancy. (Para 8 , 9 , 10 , 11) |
| 4. arbitrary termination ignores prior court directions. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. natural justice requires pre-termination show-cause notice. (Para 23 , 24 , 25) |
| 6. precedents mandate re-engagement of qualified pta teachers. (Para 26 , 27 , 28 , 29) |
| 7. quash orders; re-engage with retrospective benefits. (Para 30 , 31 , 32) |
JUDGMENT :
JIYA LAL BHARDWAJ, J.
1. By way of the present petition, the petitioner has prayed for the following substantive reliefs:
“(a) That the impugned Annexure A-1, may kindly be quashed and set aside and the respondents be directed to re- engage the applicant retrospectively with all consequential benefits in the same capacity, pay scale and place and the judgment passed by the Hon’ble High Court of HP may kindly be directed to be implemented in its letter and spirit.
(b) That in alternate the respondent may kindly be further directed to re-engage the applicant on any of the vacancie
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....
The court emphasized the need for fair reengagement practices for terminated employees, ruling that dismissal based on erroneous policy interpretation constitutes discrimination under Articles 14, 16....
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....
The court held that a teacher in a private aided school, whose services were taken over by the state, is entitled to grant-in-aid for salary with payments limited to three years prior to filing due t....
Termination of temporary employees requires adherence to natural justice principles, including the right to a hearing before punitive actions are taken.
The Division Bench's direction for reinstatement was binding and the impugned order of re-engagement was found to be in clear violation of the court's direction.
Violation of natural justice and non-binding effect of an order due to non-joinder of a party.
Eligible PTA college teachers entitled to grant-in-aid salary despite NET/SLET lack post-dispensation; discriminatory denial while granting others violates Articles 14,16; rules persist without repea....
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