IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPOA No.5947 of 2019 Decided on :17.04.2026 Om Prakash H ...Petitioner Versus State of Himachal Pradesh & others ...Respondents Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? ¹ For the petitioner: Mr. Ankit Dhiman, Advocate.

For the respondents: Mr. Hemant Kumar Verma, Deputy Advocate General, for respondents-State.

Ms. Kiran Kanwar, Advocate, for h respondent No.5.

Jiya Lal Bhardwaj, Judge (Oral)

i The petitioner by way of present petition has prayed for the following substantive relief:-

“(A) That the Hon’ble Court may kindly be pleased to quash and set aside the annexure A-1 dated 18- 11-2015 and direction be issued to the respondent department to allow the applicant to serve as contract teacher as per appointment dated 3^rd January 2015.”

2. The facts which emerge from the pleadings are that appointment of the petitioner who was initially

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

appointed as Physical Education Teacher (for short ‘PET’) in Government Middle School, Himgiri Kothi (for short ‘GMS Himgiri Kothi, U/C Government Senior Secondary School, Lahra (for short ‘GSSS Lahra’), DistricHt Chamba, H.P., on Parent Teacher Association (for short ‘PTA’) basis was challenged by respondent No.5, before the Sub Divisional Magistrate Churah (for short ‘SDM Churah’), District Chamba, Himachal Prtadesh, who vide order dated 15.09.2008, had cancelled his appointment and passed an order not to accept his appointment. The petitioner feeling aggrieved by the said order passed by the SDM Churah, had preferred the appeal before the Deputy Commissioner hChamba (for short ‘DC Chamba’), District Chamba, H.P., on

27.09.2008 and DC Chamba had stayed the order issued by SDM Churah and case file was kept in abeyance. Later on as per order dated 03.01.2015, passed by the Deputy Director, Elementary Education, Chamba, H.P., services of the petitioner were brought on contract basis. However, vide order dated 18.11.2015 (Annexure A-1), the said orders were withdrawn, and against the said order, the petitioner had filed the Original Application before the Erstwhile Himachal Pradesh Administrative Tribunal, and vide order dated 21.11.2015, the order dated 18.11.2015 passed by respondent No.4, i.e. Principal GSSS Lahra, District Chamba, H.P. was stayed. After the abolition of the Tribunal, the said Original Application has been registeredH as present petition. After grant of the stay by the Tribunal, the petitioner filed an application before the DC Chamba, for hearing of the case and the appeal preferred by him was though dismissed on 25.04.2017, but diretctions were issued to the Deputy Director Elementary Education Chamba, District Chamba, H.P., to examine the case with Director Elementary Education, H.P., and take decision on eligibility criteria of PTA teacher and necessary action be taken accordingly.

h3. A perusal of the order passed by DC Chamba reveals that though the petitioner was appointed against the post of PET at GMS Himgiri Kothi, District Chamba (HP) on 22.04.2006, however, he was not having the requisite educational qualification certificate/degree, which he obtained only on 26.07.2006. On that basis, DC Chamba had come to the conclusion that the petitioner was not eligible for the post, at the time of his appointment on 22.04.2006 and thus, he remanded the matter, though observed in the order that the appeal is dismissed with a direction to the Deputy Director Elementary Education, Chamba, District Chamba, H.P., to examine the case and take decision thereupon.

4. In the present proceedings,H the petitioner was aggrieved only against the order dated 18.11.2015, whereby, his services taken on contract basis were withdrawn on the grounds that he was not provided reasonable time and hast not been heard before passing the impugned order. No show cause notice was given to him, which is clear violation of natural justice and equity. Howe