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. 01.04.2018, ensuring parity with similars to uphold Articles 14 and 16.

JUDGMENT :

Ranjan Sharma, J.

Petitioner [Hans Raj], a former Lecturer in Chemistry in GSSS Dasehra, has come up before this Court seeking the following reliefs:

(i). That the respondents may kindly be directed to transfer the person working against the applicant to some other place and re-engage the applicant with all consequential benefits.

(ii) That the applicant may kindly be allowed to work as Lecturer Chemistry at Govt. Sr. Sec. School Dasehra Distt. Mandi on PTA grant-in-aid basis with all consequential benefits.”

FACTUAL MATRIX:

2. Grievance of the petitioner is that he was engaged as Lecturer in Chemistry by PTA of GSSS Dasehra, District Mandi on 21.09.2007. Based on a complaint, the services of the petitioner were disengaged on 01.10.2008. Feeling aggrieved against his termination, the petitioner filed CWP No1066 of 2009, on which, this Court passed an order on 02.08.2012, directing the petitioner to make a representation before Chairman-cum-Sub Divisional Magistrate, Sadar, Mandi. In compliance to Court Orders dated 02.08.2012, the petitioner submitted a representation, on which, the Chairman-cum- Sub Divisional Magistrate, Sadar, Mandi, passed an order on 09.09.2013, by recording finding that the selection/appointment of the petitioner [Hans Raj] as Lecturer in Chemistry, by PTA Committee of GSSS Dasehra on 21.09.2007 was held to be valid and was made strictly in terms of merit. Pursuant to orders dated 09.09.2013 passed by Sub Divisional Magistrate, the Respondent no 2-Director Higher Education issued an order on 21.10.2013 [Annexure A-1], directing to re-engage the petitioner as a Lecturer (Chemistry) in GSSS Dasehra. While passing of this order, the Director Higher Education mandated that one Sh. Rakesh Kumar Azad, a regular employee, who was posted as a Lecturer (Chemistry) in GSSS Dasehra be transferred to GSSS Kotkhai [B] District Shimla, and this place of posting was modified to GSSS Deot, against vacancy.

2(i). After passing of order of re-engagement orders on 21.10.2013 [Annexure A-1], the petitioner made a representation for permitting him to rejoin as Lecturer in Chemistry in GSSS Dasehra but the joining of petitioner was deferred, for the reason, that the regular incumbent posted in GSSS Dasehra namely, Rakesh Kumar Azad, filed a CWP No.8527 of 2013 [Annexure A-2], whereby, his transfer orders were stayed by this Court. It is averred that in terms of communication dated 22.05.2014 [Annexure A-5/T] issued by Principal Secretary [Education] a High Powered Committee was constituted under the Chairmanship of Chief Secretary and aforesaid Committee also decided to re-engage all PTA provided teachers who were engaged before 31.12.2007 and whose services were disengaged to be re-engaged in case, they were eligible under Recruitment and Promotion Rules; and GIA was also directed to be released in their favour. In the above background, the petitioner filed the instant petition before State Administrative Tribunal, seeking re-engagement and release of grant-in-aid on the basis of the orders dated 21.10.2013 [Annexure A-1], with all consequential benefits.

STAND OF STATE AUTHORITIES IN REPLY

3. Petitioner filed an Original Application No. 1400 of 2018 in March 2018, before State Administrative Tribunal. Pursuant to the filing of the Original Application, the State Administrative Tribunal passed an order on 11.04.2018, directing Director Higher Education, Himachal Pradesh, to consider transferring the private respondent No.4, Rakesh Kumar Azad, to a suitable station, so as to facilitate the continuance of petitioner as a Lecturer in Chemistry on PTA, basis in GSSS Dasehra, District Mandi on the same terms and conditions, after affording an opportunity of personal hearing to petitioner as well as to the private responde