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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Hans Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. valid pta lecturer appointment upheld by sdm. (Para 1 , 2 , 3) |
| 2. reengagement ordered but stalled by stays. (Para 4 , 5 , 6) |
| 3. final valid appointment mandates reengagement benefits. (Para 8) |
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, Sada
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 emphasized the need for fair reengagement practices for terminated employees, ruling that dismissal based on erroneous policy interpretation constitutes discrimination under Articles 14, 16....
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....
Date of appointment for re-engagement eligibility under PTA policy is actual joining date, not initiation of selection process.
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.
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