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2026:HHC:15808

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No.1724 of 2020

Decided on: 08 ^th May, 2026

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Krishan Kumar ...Petitioner

Versus

State of H.P. and others ...Respondents

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Coram

Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge

Whether approved for reporting? ¹

For the petitioner: rMr. Kush Sharma, Advocate.

For the respondents: u Mr. Amit Kumar Chaudhary, Deputy

Advocate General.

Jiya Lal Bhardwaj, Judge (Oral)

By way of present petition, the petitioner has

sought direction to the respondents to re-engage him as

gPhysical Education Teacher (hereinafter referred to as “PET”)

in Government Senior Secondary School Saddun Bargran

(hereinafter referred to as “the School”) with all consequential

benefits.

2. The facts which emerge from the pleadings are

that the petitioner was appointed as PET on Parent Teacher

Association (hereinafter referred to as “PTA”) basis w.e.f.

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

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01.11.2004. However, his services were terminated vide ofÏce

order dated 03.08.2012 (Annexure P-4) on joining of a rPegular

hand. Later on, the State Government had taken .the decision

to engage all those PTA appointees, whose services were

disengaged for the reasons other than a departmental

inquiry. The petitioner on the basis of the said decision taken

by the State Government, made a representation to the Sub

Divisional OfÏcer (Civil), Kangra, who vide Inquiry Report

dated 30.11.2014, came to the conclusion that there is

nothing on record to show that the petitioner was ever issued

any show-cause notice before withholding of the pay out of

PTA GIA. The statement of the Principal of the School that the

H petitioner was not appointed as per PTA GIA Policy, 2006, is

also not tenable in view of the letter dated 22.05.2014, which

states that the Government had decided to re-engage all the

PTA provided teachers who were engaged before 31.12.2007

and whose services were discontinued due to the reasons

other than the inquiry committee, if they are otherwise

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eligible as per the R&P Rules and GIA be released in their

favour. P

3. It was also noticed in the inquiry rep.ort that the

post of DPE was lying vacant in the School and the Sub

Divisional OfÏcer (Civil), Kangra, had recommended that the

Principal of the School may re-engage the petitioner on the

post of DPE, if otherwise eligible as per the R&P Rules of the

Department of Education Government of H.P. Despite the

said decision having been taken by the competent authority,

the petitioner was not re-engaged on the post of DPE. The

petitioner despite approaching the authorities was not re-

engaged and thereafter he has approached this Court

H seeking direction to the respondents to re-engage him as PET

in the School with all consequential benefits.

4. The petitioner has placed on record copy of the

judgment passed by this Court in CWP No.6279 of 2021

titled, Bal Ram vs. State of H.P. and others, decided on

01.07.2022, wherein this Court had given directions to the

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respondents to re-engage the petitioner as PET on PTA basis

in the same school, where the petitioner was workinPg and

since the petitioner is similarly situate and was a.lso working

in the same School where Sh. Bal Ram was appointed, he may

also be extended the same relief.

5. The respondents filed reply to the petition

through respondent No.2 and averred that the petitioner was

initially appointed as PET on PTA basis in the respondent-

Department i.e. at Government High School Saddun Bargran,

District Kangra, H.P. on 01.11.2004 (wrongly mentioned as

01.11.2024). Thereafter, the said school was upgraded to the

level of Government Senior Secondary School Saddun

H Bargran, District Kangra, H.P. and petitioner was adjusted as

DPE and served as DPE w.