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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
Shyam Chand – Appellant
Versus
State Of H.P. – Respondent
| Table of Content |
|---|
| 1. categorization of pta-contract teachers and regularization history (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 2. no suffering from act of court; restitution for interim orders (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 3. technical resignation counts past service in government employment (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 4. homogeneous teacher class entitled uniform regularization benefits (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 5. regularization w.e.f. 01.04.2018 with consequential benefits (Para 45) |
JUDGMENT :
Vivek Singh Thakur, J.
These Letters Patent Appeals, i.e. LPA No. 243, 245 of 2023, LPA Nos. 9, 75, 102 & 127 of 2024 and Civil Writ Petition (Original Application) No. 7641 of 2020, for involvement of common question of law and facts to be determined on the basis of similar pleadings and common documents, are being decided together by this judgment.
2. Parties shall be referred as per their status in writ petitions/original application.
3. Respondent-State had been appointing teachers in Government Schools on contract basis, either on the basis of scheme formulated by the State in the year, 19
PTA teachers form homogeneous contract class; entitled to regularization w.e.f. 01.04.2018 counting service from Jan 2015 despite delays from court orders or technical resignations to alternative rec....
Homogeneous class of PTA-derived contract teachers entitled to regularization w.e.f. 01.04.2018 counting service from 2015 despite interim delays or technical resignations to rejoin via rules, uphold....
No such order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powe....
No order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powers un....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
The court held that the past service of reappointed teachers must be acknowledged for seniority and pension benefits, notwithstanding a service gap.
Court rules that selection process mandates regular appointments under existing recruitment rules, making contractual appointments illegal. Petitioners entitled to deemed regularization from their in....
The main legal point established in the judgment is that the denial of deemed regular appointment to the petitioners, as Trained Graduate Teachers, from the date of their initial appointment on a con....
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