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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Vivek Verma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. similar appointments warrant regularisation parity (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. nhtet ineligibility risks deaffiliation (Para 7 , 8) |
| 3. court highlights differential treatment (Para 9 , 10 , 11) |
| 4. prior regularisation without nhtet validates parity (Para 12 , 13 , 14 , 15) |
| 5. nhtet relaxed for fci diploma faculty (Para 16 , 17 , 18 , 19 , 20) |
| 6. denial arbitrary, violates articles 14/16 (Para 21 , 22 , 23) |
| 7. regularise for diploma; nhtet for degrees (Para 24) |
JUDGMENT :
Sandeep Sharma, J.
Petitioners herein, who are presently working as Teaching Associates at the State Institute of Hotel Management, Dharamshala (respondent No.2), are aggrieved on account of their non-regularisation in terms of the Policy of regularisation framed by the Government of Himachal Pradesh for contractual employees, at par with their counterparts, who were also appointed as Teaching Associates through a similar selection process at the State Institute of Hotel Management, Hamirpur (for short, ‘SIHM, Hamirpur’).
2. For having bird’s eye view, facts, as emerge from the pleadings adduced on record by the respective parties, relevant for adjudication of the case at hand are that Food Craft Insti
Similarly situated contractual teaching associates entitled to regularisation under state policy like counterparts in comparable institute, despite later eligibility test requirement, as differential....
Temporary or contractual employees lack legal entitlement to regularization unless appointed through lawful selection processes as established by precedent.
Prolonged PPP contractual service on perennial government posts attracts Arts. 14, 16 protections; mandates continuity, equal pay till regularization.
Regularization of part-time employees must adhere to the principles of regular appointment and cannot be granted as a back-door entry.
The actual duties performed by an employee should be considered over the nomenclature of their initial appointment, and the relaxation of provisions in the rules should be extended to similarly situa....
Long service on a contractual basis does not confer a legal right to regularization without a formal scheme in place, as established by Supreme Court precedents.
Employees in similar conditions cannot be treated differently; the arbitrary rejection of regularization applications violates the principle of equality.
Perpetual outsourcing of perennial public functions like school IT education unconstitutional; long-serving teachers entitled to regularization on parity grounds, prohibiting ad-hocism and upholding ....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
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