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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA, JJ.
Shyam Chand and Others – Appellants
Versus
State of H.P. and Others – Respondents
LPA Nos. 243, 245 of 2023, LPA Nos. 9, 75, 102, 127 of 2024, CWPOA No. 7641 of 2020
Decided On : 07-10-2025
| Table of Content |
|---|
| 1. state policies for contract and pta-gia teachers. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. pta to contract conversion after 7 years, litigation impact. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. sub-categories of teachers by conversion and resignation timing. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. yashwant judgment grants regularization w.e.f. 01.04.2018. (Para 20 , 21 , 22) |
| 5. count past service despite interim orders and resignations. (Para 23 , 24 , 25 , 26 , 27) |
| 6. restitution principle: no suffering from act of court. (Para 28 , 29) |
| 7. technical resignation counts prior service per 1991 om. (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 8. homogeneous class entitled to parity in regularization benefits. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 9. regularize all from 01.04.2018 with consequential benefits. (Para 45) |
JUDGMENT :
VIVEK SINGH THAKUR, J.
1. 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, 1996 for this purpose or through prescribed agency i.e Public Service Commission/Service Selection Board in accordance with R&P Rules, with condition that on continuation of such contract service for a particular prescribed period, the services of such contract appointees were to be regularized. This category of the teachers for convenience hereinafter shall be referred to as ‘Category-A’.
4. Vide notification dated 11.05.2018, respondent-State directed regularization of all its contract employees who had completed three years contract service as on 31.03.2018.
5. Respondents-State, in the year, 2006, formulated Parents Teacher Association Gran-in-Aid Policy 2006, (for short ‘PTA-GIA’), delegating powers on Parents Teacher Association to engage the teachers in their respective schools as per requirement against the sanctioned post lying vacant since a long period for one or other reason, in order to smooth running of the school and to avoid adverse impact on the education of the students/children studying in those schools.
6. All the petitioners herein were initially appointed on PTA basis and were covered under the aforesaid policy of the State.
7. Petition bearing CWP No. 6916 of 2011, titled as Pankaj Kumar vs. State of H.P. & Ors., 2014 SCC Online HP 5944 alongwith other petitions, was filed by some persons assailing the decision of the Government to appoint PTA teachers against the vacancy instead of recruiting regular teachers in accordance with R&P Rules.
8. On 16.08.2013, respondent-State decided to take over services of PTA teachers on contract basis on completion of 7 years of service. This category of teachers, for convenience shall be referred hereinafter as ‘Category-B’.
9. CWP No. 6916 of 2011 was dismissed by this High Court on 09.12.2014, upholding the decision of the State to take over services of PTA teachers (Category-B) on contract basis.
10. After dismissal of CWP No. 6916 of 2011, in pursuance to aforesaid decision of Government, services of many PTA teachers were converted on contract basis in January, 2015. This category of teachers shall be referred as ‘Category B-I’.
11. Before converting PTA services of all PTA teachers on contract basis, in SLP No. 1426 of 2015 (Civil Appeal Nos. 2813, 2814 and 2815 of 2017) filed before the Apex Court against the judgment dated 09.12.2014, the Apex Court vide order dated 22.01.2015 directed to maintain status quo till orders to the contrary were passed.
12. For one reason or other, services of some PTA teachers could not be taken over on contract basis before passin
AI
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