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Himachal Pradesh High Court · body

2014 DIGILAW 71 (HP)

RAJ KUMARI v. STATE OF H. P.

2014-01-10

SANJAY KAROL, V.K.SHARMA

body2014
JUDGEMENT V.K. SHARMA, J. 1. THE petitioner, who is a Parent Teacher Association (PTA) appointee, is presently working as Lecturer in Economics in Government Senior Secondary School, Arsu, Tehsil Nirmand, District Kullu, H.P., since 21.04.2007 (Experience Certificate Annexure P -6), has filed the present petition under Article 226 of the constitution on the following substantive prayer vide para 12(i): - "That the respondents may be directed to consider the whether reporters of Local Papers may be allowed to see the judgment? Case of the petitioner by counting her break period for the purpose of completion of eight years of service on PTA basis so that she could fulfill the criteria for appointment on contract basis as per policy/notification dated 16.8.2013." 2. SOME background facts may be noticed first. The petitioner was initially appointed as PTA Lecturer in Economics in Government Senior Secondary School, Samej 15/20, District Kullu (H.P.), vide order dated 15.9.2004, Annexure P -1. While she was working as such fresh interviews were held on 22.5.2006, when she was again selected vide Annexure P -2. However, according to the petitioner, in the meanwhile, a regular appointee, namely Shri Bishan Dass, was ordered to be posted as Lecturer Economics in her place vide order dated 21.06.2006, Annexure P -3, in violation of the Government instructions dated 13.5.2006, forming part of Annexure P -3. On representation to the Hon'ble Chief Minister by the petitioner, she was allowed to continue vide communication dated 11.09.2006, Annexure P -4, addressed to the Director of Education (Secondary), Himachal Pradesh. Accordingly, she submitted joining vide letter dated 30.09.2006, which has also been marked as Annexure P -4. In the meantime 'Grant -in -Aid to Parents Teachers Associations Rules, 2006' were notified vide notification dated 29.6.2006,Annexure P -5. 3. NOW, vide letter dated 16.08.2013, Annexure P -7, the State Government has decided to take over the services of the 'PTA (GIA Rules 2006) provided teachers with eight years service on contract basis'. The case of the petitioner is that due to non -acceptance of her joining by respondent No.4 at Government Senior Secondary School, Samej, she could not complete eight years continuous service, which is the sole criteria for taking over services of PTA appointees on contract basis. 4. The case of the petitioner is that due to non -acceptance of her joining by respondent No.4 at Government Senior Secondary School, Samej, she could not complete eight years continuous service, which is the sole criteria for taking over services of PTA appointees on contract basis. 4. AGAINST the foregoing background the petitioner has based her claim on the following averments set up vide relevant portion of para 8 and paras 9 and 10 of the petition: - "8. Hence, this petition to count the service of the petitioner from the date of her initial appointment. The action of the respondents No. 4 by not allowing her to join at GSSS Samej despite duly selected candidate, is totally wrong, illegal, arbitrary, discriminatory as well as against the law, hence the respondents are liable to be directed to consider the case of the petitioner for counting her earlier service rendered at GSSS Samej, Distt. Kullu, H.P. Copy of policy dated 16.8.2013 is being placed herewith as Annexure P -7 for the kind perusal of this Hon'ble Court. 9. That once a teacher who is appointed by a duly constituted committee headed by PTA is working in the concerned School then by no stretch of imagination, the respondent should have given appointment to fresh appointee / promote just with a sole motive to replace the earlier teacher who has rendered service. Thus, the action of the respondents seems to be malafide, hence liable to be quashed and set -aside. 10. That the petitioner is working for the last 9 years on PTA basis but due to gap in service w.e.f. 2006 to 2007 because of non acceptance of joining by the respondent No.4 she is not falling under the policy dated 16.8.2013 vide which it has been provided that the PTA who has completed eight years of service shall be given the appointment on contract basis. The petitioner has been deprived of her legitimate claim which is highly unjust, unfair on the part of the respondents, hence the respondents deserves to be directed to count the aforesaid period to be continue in service, as there is no fault on the part of the petitioner." The petition is contested on behalf of the respondents mainly on the following averments set up vide relevant part of para 1 of preliminary submissions: - "In this behalf it is respectfully submitted that the Petitioner was engaged by the Principal GSSS Samej as lecturer Economics on 31 -8 -2004 as stop gap arrangement on PTA basis as per provision of Education Code 2001. But as per information received from the Principal GSSS Samej the petitioner left the school without information to the Principal after 10 -11 - 2005 and did not joined again. The copy of information received from the Principal GSSS Samej is annexed as Annexure R -1. A fresh interview was conducted by the PTA committee of GSSS Samej on 22 -5 -2006 but no student was enrolled in Plus one and Plus two in the subject of Economics. Moreover, at the time no Grant - in -Aid Rules were enforced and all PTA provided teachers were paid from their own local fund. Hence it is up to the PTA committee to take the services of PTA provided teacher or not. The petitioner was engaged a fresh by the PTA Committee of GSSS Arsu on 21 -4 - 2007 and is being paid Grant -in -Aid as per provisions of Grant -in -aid to PTA rules 2006. Therefore, the claim of the petitioner to count break period for the purpose of completion of eight years service on PTA basis is not sustainable as the petitioner was neither in receipt of grant -in -Aid nor he was engaged as per GIA to PTA Rules 2006. Moreover on 22 -5 -2006 the PTA Committee of GSSS Samej has recommended that there is no need to engage a teacher on PTA basis in the subject of Economics and the GIA to PTA Rules 2006 were also not enforced. The petitioner also left the School on 9 -11 -2005 and was engaged a fresh by the PTA of GSSS Arsu under GIA to PTA Rules 2006 on 21 -4 -2007. The petitioner also left the School on 9 -11 -2005 and was engaged a fresh by the PTA of GSSS Arsu under GIA to PTA Rules 2006 on 21 -4 -2007. Therefore, counting the period between 9 -11 -2005 to 21 - 4 -2007 does not arise at all. Hence, the present petition is neither sustainable nor maintainable as such deserves to be dismissed." 5. BY filing rejoinder the petitioner has refuted the stand on behalf of the respondents and instead reiterated the averments set up in the petition. 6. WE have heard the learned counsel for the petitioner, learned Additional Advocate General, assisted by the learned Dy. Advocate General and learned Assistant Advocate General and gone through the record. The rival contentions on behalf of the parties are that whereas according to the petitioner she was not permitted to join even after fresh selection in the interview held on 22.5.2006, the respondents by placing reliance on certificate Annexure R -I contend that after working as Lecturer in Economics in Government Senior Secondary School, Samej, as a PTA appointee w.e.f 2.9.2004 to 9.11.2005, "she left the school without information to the Principal after 10.11.2005 and did not join the school again". 7. WITHOUT going into the controversy as to whether the petitioner was not permitted to join or she had left on her own, the fact remains that she did not work after 10.11.2005 till she was appointed again as such in Government Senior School, Arsu, on 21.4.2007. Even otherwise, the policy of the State Government regarding taking over the services of the PTA (GIA Rules 2006) provided teachers on contract basis, Annexure P -7, provides that "after completion of eight years of service as PTA( GIA Rules 2006) provided teachers shall be eligible for taking over on contract basis subject to the observance of" the terms and conditions stipulated therein at Sr. No. 1 to 9. Thus, it would be seen that the services earlier rendered by the petitioner as a PTA appointee in Government Senior Secondary School, Samej, from 2.9.2004 to 9.11.2005, were prior to coming into force of the "Grant -in -Aid to Parents Teachers Associations Rules 2006", notified vide notification dated 29 -06 -2006. Now, she is in continuous service as a PTA appointee in Government Senior Secondary School, Arsu, since 21.4.2007 and would be completing eight years of service only on 20.4.2015. Now, she is in continuous service as a PTA appointee in Government Senior Secondary School, Arsu, since 21.4.2007 and would be completing eight years of service only on 20.4.2015. However, if at all, in future, the State Government decides to take into consideration the services rendered by the PTA appointees prior to coming into operation of 'Grant -in -Aid to Parents Teachers Associations Rules 2006', notified vide notification dated 29.6.2006, Annexure P -5, for the purpose of completion of eight years service, the petitioner shall be at liberty to represent to the competent authority for taking into consideration the services rendered by her as a PTA appointee in Government Senior Secondary School, Samej, w.e.f. 2.9.2004 to 9.11.2005 and the same shall be considered by the said authority in accordance with law and rules. With these observations, the petition stands disposed of. 8. IN view of disposal of main petition, CMP No. 18145 of 2013, shall also stand disposed of.