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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Deepika Jain – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Deepika Jain had initially filed an Original Application No.2986 of 2018 before the State Administrative Tribunal and upon abolition of Tribunal, the matter has now come up on transfer to this Court, as CWPOA No. 4542 of 2020, seeking the following reliefs:-
(i) That respondents may very kindly be directed to issue grant-in-aid in favour of the applicant from the date when same was released in favour of the similarly situated persons as mentioned in Annexure A-4 and to grant all consequential benefits from the due date.
(ii) That respondents may very kindly be directed not to appoint or replace the applicant through regular hand or by any other mode.
(iii) That the respondents may very kindly be directed to bring the applicant on contract basis and to regularize her services as per their policy framed for the persons appointed on PTA basis.
FACTUAL MATRIX:
2. Case as set up by Learned Counsel is that in view of educational qualification [as in Annexure A-3], the petitioner being Post Graduate and MPhil after due selection, was appointed as an Assistant Professor in Political Science, through PTA basis, in Government Decree College, Nalagarh in the
PTA-appointed Assistant Professor from reserved category meeting relaxed 50% Master's marks and eligibility test criteria entitled to Grant-in-Aid salary from appointment date; denial despite parity ....
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....
Equal pay for equal work is mandated, and entitlements under identical circumstances must be uniformly applied, per Article 14, with financial benefits limited to three years prior to petition filing....
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....
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
The right to grant-in-aid is not absolute and depends on state financial policy, thereby, limitations on salary grants imposed by the State are lawful.
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