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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Deepika Jain – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. pta teacher claims grant-in-aid parity. (Para 1 , 2) |
| 2. state denies gia lacking net/slet. (Para 3) |
| 3. gia denial despite eligibility violates rules. (Para 4 , 5) |
| 4. salary for service is property right. (Para 6) |
| 5. entitle gia salary from eligibility date. (Para 7 , 8 , 9) |
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
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....
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 ....
Employees of recognized aided schools entitled to grant-in-aid on parity with similarly situated teachers granted aid despite procedural irregularities or excess sanctioned strength, to uphold equali....
State liable for teachers' salaries from grant-in-aid date when posts created; token grants invalid; employees entitled to arrears despite delayed absorption and institute not litigating.
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....
Staff of 95% grant-in-aid colleges deemed akin to government employees for retiral benefits like gratuity and enhanced leave encashment; state bears 95% liability per precedents.
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