IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No:6651 of 2020 Decided on: 20.11.2024 __________________________________________________________

Himender Pal Kashav ...Petitioner Versus State of Himachal Pradesh and others ...Respondents Coram:

Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting? Yes For the petitioner: Ms. Shikha Chauhan, Advocate.

For the respondents: Mr. Pratyush Sharma, Additional Advocate General, for respondents No.1 to 3-State.

Respondent No 4 proceeded against ex-parte vide order dated

23.07.2024.

Ranjan Sharma, Judge Petitioner, Himender Pal Kashav, working as Assistant Professor [Hindi] in Dr. Y.S. Parmar Government Post Graduate College, Nahan, under Parents Teachers Association [PTA] has come up before this Court, seeking the following relief (s):-

“7(a) That the respondents be directed to continue with the services of the applicant as per the notification vide Annexure A-4, A-5, and if after filing of the present O.A. the services of the applicant are terminated, he may kindly be ordered to be re-instated.

1 Whether reporters of Local Papers may be allowed to see the judgment?

7(b). That the services of the applicant be regularized strictly in compliance of Annexures A-4 and A-5 and further in consonance with the Grant-in-Aid to PTA Rules 2006 framed by the State Government and the Grant-in-Aid may kindly be ordered to be released in favour of the applicant as is being done to the newly appointed teachers vide Annexure A-7.” FACTUAL MATRIX:

2. Upon issuance of advertisement dated 16.06.2017, Annexure P-1, by Principal of College and the walk-in-interview held on 28.06.2017, Annexure A-1, conducted by the Parents Teachers Association [PTA] of Dr. Y.S. Parmar Government Post-Graduate College, Nahan, the petitioner who was Ph.D. in Hindi and having qualified National Eligibility Test [NET], Annexure A-2 (colly) and being eligible, upon selection by Parents Teachers Association [PTA] of the College was appointed as an Assistant Professor [Hindi] against a vacant post in the Respondent No.3-College on 06.07.2017.

3. Grievance of the petitioner is that the respondents have made the petitioner to work as an Assistant Professor [Hindi] in the College since 06.07.2017, yet the Respondents have not given the salary-grant to the petitioner in accordance with Himachal Pradesh Grant-in-Aid Rules 2006 [Annexure A-6] and order dated April, 2012 [Annexure A-7] as notified by the Government as notified by the Government, at fixed salary-grant of Rs.12,000/- [Rupees Twelve Thousand] per month, which was enhanced to Rs.15,600/- [Rupees Fifteen Thousand Six Hundred] per month. It is further averred that surprisingly, Respondent No.1 issued a Notification dated 31.07.2024, posting one Ms. Reena Sharma, a regular incumbent, in place of petitioner, who joined on 08.08.2024, but after the intervention of this Court these orders were withdrawn on 13.08.2024 and accordingly, the petitioner is working as Assistant Professor [Hindi] as on day also. In above backdrop, the petitioner is claiming salary-grant under Grant-in- Aid, in accordance with Grant-in-Aid to Parents Teachers Association Rules 2006, on the analogy, on which, salary-grant has been given to other similarly placed Assistant Professors in State Government Colleges; but denial of salary under Grant-in-Aid to the petitioner is discriminatory, arbitrary, illegal and uncalled for.

PROCEEDINGS BEFORE THIS COURT & STAND OF RESPONDENTS-STATE AUTHORITIES:

4. Upon issuance of notice, Respondents No.1 to 3 have filed reply-affidavit dated 18.06.2019 by Director, Higher Education, Himachal Pradesh. In Para-2 of reply-affidavit of the Preliminary Submissions, the respondents have admitted that after due advertisement and selection, the petitioner was engaged/appointed as an Associate Professor [Hindi], after being short-listed, on merit, on the basis of walk-in-interview held on 28.06.2017 by Local PTA. Reply-affidavit further indicates that the category