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Himachal Pradesh High Court · body

2007 DIGILAW 357 (HP)

VIJAY KUMAR v. STATE OF H. P.

2007-08-24

M.R.VERMA

body2007
JUDGEMENT M.R.Verma, J. (Retd.) Chairman (Oral):-In this original application, the applicant has prayed for setting aside the order Annexure P-1 whereby the appointment of the applicant to the post of Primary Assistant Teacher at G.P.S. Ghatewal-1 has been cancelled and to allow him to continue work against the aforesaid post alongwith all consequential benefits. 2. The case of the applicant, in brief, is that he was appointed as a Primary Assistant Teacher in accordance with the Scheme framed by the State Government and joined as such on 04.04.2006 vide Annexure P-4 and also executed the requisite agreement. However, all of a sudden, respondent No.3 without any reason or authority in an illegal manner passed order Annexure P-1 directing cancellation of the appointment of the applicant. It is claimed by the applicant that respondent No.3 has no power and authority to pass such an order under the Rules/Scheme/Policy framed by the State Government. Hence, this original application. 3. The claim of the applicant is resisted by the respondents though reply has been filed only by respondent No.4 claiming that the appointment in fact has been cancelled by him and rightly so. 4. I have heard the Learned counsel for the applicant and Learned Additional Advocate General for the respondents No.1 to 4. 5. It is not in dispute that the appointment of a "Prathmic Sahayak Adhayapak/Primary Assistant Teacher" (PAT for short) is made in accordance with Annexure P-2 which is only a part of the Scheme read with Annexure P-9 which is other part of the Scheme. Clause-3 of the said Scheme provides that the engagement of a PAT is contractual engagement by the Gram Panchayat for a particular School and for a specified period on fixed remuneration. Clause-9 of the said Scheme more specifically provides that a PAT recruited under the Scheme shall be a contractual employee of the concerned Gram Panchayat for all intends and purposes and the appointing & punishing authority of such teacher will be the employer Gram Panchayat. The agreement qua such service will be entered between the concerned Panchayat and selected candidate. A note appended to Clause-9 further provides that a PAT shall be liable for termination by the concerned Gram Panchayat, i.e., the Gram Panchayat who had appointed him. The Scheme nowhere authorizes any other authority to appoint or remove from service a Primary Assistant Teacher. 6. A note appended to Clause-9 further provides that a PAT shall be liable for termination by the concerned Gram Panchayat, i.e., the Gram Panchayat who had appointed him. The Scheme nowhere authorizes any other authority to appoint or remove from service a Primary Assistant Teacher. 6. It is thus, clear from the provisions contained in the Scheme that Block Primary Education Officer, respondent No.3 who had issued Annexure P-1 and the S.D.M. respondent No.4 who had admittedly ordered cancellation of the appointment of the applicant, had no power and authority to cancel the appointment or terminate the serves of the applicant. Thus, the impugned order Annexure A-1 is without jurisdiction, illegal and violative of the Scheme and deserves to be set aside. Since the application has to approach this Tribunal to get redressal against an order which has been passed, by respondent No.4 and implemented by respondent No.3 without any power and authority, therefore, this is a case fit for awarding costs against respondents No.3 & 4. 7. In view of the above conclusions, the impugned Annexure P-1 issued by respondent No.3 on the orders of respondent No.4is quashed and set aside with all consequential benefits with costs in the sum of Rs.3,000/- payable by respondents No.3 & 4. 8. It clearly emerges from the records that the appointment of the applicant as Primary Assistant Teacher was on contract basis for a period of one year, therefore, nothing contained in this order shall be construct to have extended the said contractual term of his employment. This original application is disposed of in terms of the above orders.