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Himachal Pradesh High Court · body

2014 DIGILAW 1016 (HP)

ASHA DEVI v. STATE OF H. P.

2014-07-31

RAJIV SHARMA, SURESHWAR THAKUR

body2014
JUDGMENT : RAJIV SHARMA, J. 1. The petitioner was appointed as Primary Assistant Teacher in the month of July, 2007 at Government Primary School, Tosh, Centre School Basheni, Education Block, Kullu. She made a representation seeking her transfer to Naggar Block. Mr. Hamender Singh Chandel, Advocate, appearing for the petitioner has vehemently argued that the respondents-State, till date, has not framed any Policy to transfer Primary Assistant Teachers. According to him, there is a policy governing the transfer of teachers appointed on contract/para teachers etc. Learned counsel has further contended that there is no intelligible differentia so as to distinguish the Primary Assistant Teachers vis- à-vis contract/para teachers etc. 2. According to the reply filed by the respondents-State, there is no provision for transfer of Primary Assistant Teachers, out of the education Block into which they were initially recruited. The recruitment to the post of Primary Assistant Teachers is regulated under the Himachal Pradesh Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme, 2003. This Scheme aims at vesting more powers upon the Gram Panchayats so that they are able to perform the following functions: "i) Recruitment of Prathmik Sahayak Adhyapak/Primary Assistant Teacher(PAT) to teach the Primary Classes, in the primary schools, located in the jurisdiction of the Gram Panchayats. ii) To evaluate the performance of the Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) so appointed. iii) To deal with the service matters/conditions relating to Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) appointed under this scheme. iv) To co-ordinate with the department of Primary education in the implementation of other policies of the Government, devised for the Universalisation of Primary education." 3. According to the Scheme, the Prathmik Sahayak Adhyapaks/Primary Assistant Teachers are to be appointed by respective Gram Panchayats of the area in which the Primary School is located in accordance with the procedure. The actual number of Prathmik Sahayak Adhyapak/Primary Assistant Teacher (PAT) are to be appointed as and when required to be calculated on the basis of approved Pupil: Teacher Ratio/norms, School and Gram Panchayat wise, with the first preference to without/single teacher schools. The Primary Assistant Teachers are to be initially recruited for a period of one academic session by respective Gram Panchayat of the area in which the Primary School is located by observing all the codal formalities. The Primary Assistant Teacher, so recruited is the employee of the Gram Panchayat for all intents and purposes. The Primary Assistant Teachers are to be initially recruited for a period of one academic session by respective Gram Panchayat of the area in which the Primary School is located by observing all the codal formalities. The Primary Assistant Teacher, so recruited is the employee of the Gram Panchayat for all intents and purposes. The services of the Primary Assistant Teachers are to be utilised by the Gram Panchayats in the Government Primary Schools separately allocated for this purpose. The contract can ordinarily be renewed by the concerned Gram Panchayat for further period unless withheld for the reasons to be recorded in writing. The Primary Assistant Teachers are subject to the orders of the Gram Panchayat. The Gram Panchayat is competent to terminate the services of the Primary Assistant Teachers, as per the procedure laid down in the Scheme. It is thus evident that the Primary Assistant Teachers are not appointed by the State Government but they are appointed by the respective Gram Panchayats. Even, the renewal of the contract is required to be ratified by the Gram Sabha. They are the employees of the Gram Panchayat for all intents and purposes including determination of their conditions of service. 4. Since the employment of the Primary Assistant Teachers is in a particular Primary School in a Gram Panchayat, the State Government cannot be ordered to frame a Scheme for the transfer of Primary Assistant Teachers. The contract teachers/para teachers are appointed under different rules and schemes. The terms and conditions of the persons appointed on contract, para teachers and Primary Assistant Teachers are governed differently. The Primary Assistant Teachers constitute a different group and cannot claim any parity with other teachers appointed under different rules and schemes. The framing of scheme/guidelines for transfer of employee is a policy matter. The scope of judicial review in these matters is very limited. The Court cannot direct the State Government to frame a particular scheme/guidelines for transfer of the employees. 5. Accordingly, there is no merit in this petition, the same is dismissed, so also the pending application(s), if any.