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2020 DIGILAW 659 (HP)

Pawan Kumar v. State of Himachal Pradesh

2020-09-29

AJAY MOHAN GOEL

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JUDGMENT Ajay Mohan Goel, J. - By way of this petition, petitioner has prayed for the following reliefs:- "i) That the notification/letter dated 27 Aug, 2007 (PL) may kindly be quashed and set aside while issuing the writ in the nature of certiorari. ii) That the respondents may kindly be directed to pay the grant in aid w.e.f. 9.10.2007 with interest and with all consequential benefits". 2. Brief facts necessary for the adjudication of the present petition are as under:- Petitioner was initially appointed as a Lecturer (Commerce) on PTA basis on 09.10.2007 and he is serving as such in the Government Senior Secondary School, Manali, District Kullu, Himachal Pradesh The grievance of the petitioner is with regard to the Communication dated 27.08.2007 (Annexure P1), issued by Deputy Secretary (Higher Education) to the Government of Himachal Pradesh, on the subject Nonadmissibility of grants to PTAs in Municipal Corporation, Municipal Committees and Nagar Panchayats ares, in terms of which decision stood taken by the Government that Grant-in-Aid to Parent Teachers Associations will not be admissible in respect of the Schools located in the Municipal Corporation, Municipal Committees and Nagar Panchayats areas of the State. In view of this Communication, the petitioner has not been paid Grant-in-Aid and accordingly, the same stands assailed by him, on the ground of arbitrariness. 3. The petition is contested by the respondents/State, inter alia, on the ground that the petitioner was engaged by the Parents Teachers Association concerned within the Municipal Corporation area and in terms of the instructions which stand issued by the State, grants under Grant-in-Aid to Parents Teachers Associations are not admissible in respect of the schools located in the Municipal Corporation, Municipal Committees and Nagar Panchayats areas of the State. As per the State, grants to the teachers of the schools falling in these areas are admissible only to those Parents Teachers Associations, wherein the teachers stood appointed before 27.08.2007 and thereafter, the Parents Teachers Association concerned has to release due and admissible salary to the teachers engaged from its own funds. As per the State, grants to the teachers of the schools falling in these areas are admissible only to those Parents Teachers Associations, wherein the teachers stood appointed before 27.08.2007 and thereafter, the Parents Teachers Association concerned has to release due and admissible salary to the teachers engaged from its own funds. It is further the stand of the State that Grant-in-Aid to Parents Teachers Associations teachers is payable only to those teachers, who are working outside the Municipal areas of the State where most of the posts are lying vacant and Grant-in-Aid cannot be given to the petitioner, who otherwise is at liberty to approach the Parents Teachers Association for the release of due and admissible salary. 4. In rebuttal, the petitioner has reiterated his claim and denied the submissions made in the reply. 5. I have heard learned Counsel for the parties and have also gone through the pleadings as well as documents appended therewith. 6. The moot issue involved in this case is as to whether the act of the respondents/State of restricting grants under the Grant-in-aid to Parents Teachers Associations in respect of the schools located outside the Municipal Corporation, Municipal Committees and Nagar Panchayats areas of the State only and denying the same to the schools located in the Municipal Corporation, Municipal Committees and Nagar Panchayats areas of the State, is legally sustainable or not. 7. Without going in deep, into the functioning of Parents Teachers Associations, suffice it to say that these are the associations which have been created at the school level, which engage persons temporarily against the vacant posts of Teachers/Lecturers in the school concerned for imparting education to the children. The very fact that such like associations do exist in Government Schools of the State, is self-speaking that the Education Department has failed to perform its duty of making available Teachers and Lecturers in the schools of the State by appointing them in accordance with the provisions of the Recruitment and Promotion Rules in force. The things have not stopped here only. Grant-in-Aid Rules have also been framed by the Government to provide grant to the said Parents Teachers Associations and through them to the Teachers/Lecturers so appointed. 8. The things have not stopped here only. Grant-in-Aid Rules have also been framed by the Government to provide grant to the said Parents Teachers Associations and through them to the Teachers/Lecturers so appointed. 8. As in this writ petition, this Court has not been called upon to adjudicate the legality of the Parents Teachers Associations or the Grant-in-Aid Rules, the Court is not making any further observation in this regard. 9. Article 14 of the Constitution of India permits classification. In order for a classification to pass the test of Article 14, it has to undergo a twin test. This twin test is:- (a) That the classification has to be based on an intelligible differentia and (b) The intelligible differentia must have some nexus with the object to be achieved on the basis of said classification. 10. Coming to the facts of this case, the Government has made a classification between Teachers/Lecturers appointed by Parents Teachers Associations in the schools located in the Municipal Corporation, Municipal Committees and Nagar Panchayats of the State on one hand and Teachers/Lecturers appointed by Parents Teachers Associations in schools not located in such areas on the other hand for the purpose of Grant-in-Aid, post 27.08.2007. As per the State, the intelligible differentia between them is the place where the School is situated, i.e. whether it is situated in the rural areas of the State or the areas which are Urban or SemiUrban. 11. The justification which has been given by the State in its reply, as to why Grant-in-Aid has been made in admissible in respect of the schools located in the Municipal Corporation, Municipal Committees and Nagar Panchayats of the State is that the teachers are found in abundance in such areas whereas posts of teachers are lying vacant in the Schools in rural areas. 12. In my considered view, this justification which has been given by the State, does not pass the twin test of Article 14 of the Constitution of India to justify denial of Grant-in-Aid to the Schools located in Urban and Semi-Urban areas. This, I say for the reasons that the Grant-in-Aid is given to those teachers who have been appointed through Parents Teachers Associations. This, I say for the reasons that the Grant-in-Aid is given to those teachers who have been appointed through Parents Teachers Associations. Irrespective of the fact whether the appointment is in a School located in rural area or Urban or Semi-Urban area, the fact of the matter is that Parents Teachers Association is appointing Teachers in the schools because there are posts lying vacant which the Education Department has not been able to fill up for the reasons which can be best explained by them. Therefore, when against a vacant post, Parents Teachers Association has engaged a person to impart education to the students, be it in a school located in the Rural area or in the schools located in the Municipal Corporation, Municipal Committees and Nagar Panchayats areas of the State, the Government has to pay grant to them and the same cannot be denied on the basis of the geographical locations or the School. A Teacher or a Lecturer appointed by Parents Teachers Association imparts education to a student irrespective of the fact whether he is appointed in a school situated in Rural area or not. Grant is paid to the Parents Teachers Association to make good the wages which are to be paid to such appointees. 13. In this view of the matter, by denying Grant to those schools which are situated in the Municipal Corporation, Municipal Committees and Nagar Panchayats areas of the State, the State is discriminating between the Teachers and the Lecturers who have been appointed by the Parents Teachers Associations for imparting education to the students in the absence of regular Teachers/Lecturers manning the post in hand. This act of the State is discriminatory and violative of Article 14 of the Constitution of India and Communication dated 27.08.2007 (Annexure P-1) is thus unconstitutional as it violates Article 14 of the Constitution of India. 14. Accordingly, this writ petition is allowed by quashing the Communication dated 27.08.2007 (Annexure P1) and by directing the State to release Grant under the Grant-in-Aid to Parents Teachers Associations even to the Schools located in the Municipal Corporation, Municipal Committees and Nagar Panchayats of the State and salary of the petitioner be also paid accordingly with arrears. It is clarified that in case arrears as payable to the petitioner are paid to him within a period of three months from today, then the same shall not entail any interest. It is clarified that in case arrears as payable to the petitioner are paid to him within a period of three months from today, then the same shall not entail any interest. However, in case the arrears are not paid within three months as of today, then the same shall entail simple interest at the rate of 6% from the date of filing of the petition, which is disposed of in above terms. Pending miscellaneous applications, if any, stand disposed of. Interim order, if any, also stands vacated.