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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. 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. Partie
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....
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....
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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