Himachal Pradesh High Court
Decided On: 21St October vs State Of Himachal Pradesh And Others on 21 October, 2024
2024:HHC:10046
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWPOA No.5224 of 2020
Decided on: 21st October, 2024
__________________________________________________________
Jyoti Devi ...Petitioner
Versus
State of Himachal Pradesh and Others ...Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting ? No
For the petitioners: Mr. Romesh Verma, Senior
Advocate with Mr. Digvijay,
Advocate.
For the respondents: Mr. Hemant K. Verma, Deputy
Advocate General for respondents
No. 1 to 3
Mr. Ankit Dhiman, Advocate for
respondent No.4.
Ranjan Sharma, Judge (Oral)
Petitioner, Jyoti Devi, a Craft Teacher, in
Government Senior Secondary School Cheuni, Tehsil
Thunag, District Mandi, (HP), who is receiving salary
through Grant-in-Aid under PTA-GIA Rules, has come
Whether reporters of Local Papers may be allowed to see the judgment?
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up before this Court, seeking the following relief(s):-
"(a) That the impugned order dated 13.09.2018
(Annexure A-5) may kindly be quashed and
set aside with all consequential benefits, in
the interest of justice and fair play.
(b) That the respondents may kindly be directed
to allow the applicant to work continuously
as it is working prior to 13.09.2018 or
adjust the applicant at suitable place as PTA
teacher in Government Senior Secondary
School, Cheuni, District Mandi, H.P.".
2. Case set up by Mr. Romesh Verma, Learned
Senior Counsel, assisted by Mr. Digvijay, Advocate, is
that on the recommendations of the Parent Teacher
Association, the petitioner was appointed as Art and
Craft Teacher [belonging to C&V cadre] in Government
Senior Secondary School Cheuni, Tehsil Thunag, District
Mandi on 06.10.2006, [Annexure A-4].
3. Pursuant to appointment orders, the petitioner
joined in said school on 09.10.2006 [Annexure A-9].
Petitioner continued serving in said school, but her
services were disengaged by Principal, Government
Senior Secondary School Cheuni on 13.09.2018,
[Annexure A-5], Before her termination, the petitioner is
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stated to have filed an Original Application No. 5515 of
2018 on 12.09.2018, praying for Grant-in-Aid, in
accordance with PTA-Grant-in-Aid Rules, which was
decided by State Administrative Tribunal on 13.09.2018,
[Annexure A-6], directing the respondents to consider
the case of petitioner for benefits in terms of Lata
Kumari case. Pertinently though the Original
Application, was decided by the Learned Tribunal on
13.09.2018, but the Principal-Respondent No.3 passed
on order dated 13.09.2018, [Annexure A-5] disengaging
the services of petitioner, on same day.
4. Feeling aggrieved against the termination order
dated 13.09.2018, [Annexure A-5], the petitioner
approached the State Administrative Tribunal
[now abolished] in Original Application No.5656 of 2018,
wherein, respondents were directed to permit the
petitioner to continue, as Craft Teacher, in Government
Senior Secondary School Cheuni, Tehsil Thunag, District
Mandi, (HP), on the same terms and conditions as
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before, till further orders. After passing of interim orders
dated 19.9.2018, the petitioner is still continuing as Art
and Craft Teacher, in Government Senior School
Cheuni, Mandi.
5. During the pendency of the instant petition,
Respondent No.2-Director of Elementary Education,
Government of Himachal Pradesh, issued an Office
Order dated 26.09.2020, [Annexure A-10] granting the
Grant-in-Aid, under PTA Grant-in-Aid Rules to the
petitioner w.e.f. October, 2009. Based on this, the
petitioner is still continuing as Arts and Craft Teacher,
in Government Senior Secondary School Cheuni and is
receiving salary, through Grant-in-Aid in terms of the
orders dated 26.09.2020 on the analogy of other
teachers.
6. Mr. Romesh Verma, Learned Senior Counsel
further submits that Respondent No.1-Secretary
Education, Government of Himachal Pradesh has
forwarded a Communication dated 27.02.2023,
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[Annexure A-8] to Director of Elementary Education,
Himachal Pradesh, that the restriction contained, in
instructions dated 6.11.2006 and 13.07.2007 not to
engage PTA teachers in Music, Home Science and Craft
Teachers will not be applicable, to those incumbents,
who have been engaged before the issuance of these
instructions. This communication, further states that,
the matter regarding claim for regularization of teachers
appointed/engaged prior to the issuance of instructions
dated 6.11.2006 and 13.07.2007 is under
consideration/ examination and further orders shall be
issued in due course of time.
7. In view of the subsequent developments, as in
the communication dated 27.02.2023, Annexure A-8
(supra), Learned Senior Counsel submits that the
respondents may be directed to consider/examine the
case of the petitioner for regularization, after
adjudicating the illegal termination also in a time bound
manner, when, the petitioner is continuing as such since
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9.10.2006 and is also being granted the salary under
PTA-Grant-in-Aid Rules w.e.f. October 2009 till day.
8. Prayer, so made by Mr. Romesh Verma,
Learned Senior Counsel, is not opposed by the Learned
State Counsel, who states that the respondents shall
consider/examine the question of termination and claim
for regularization, if any, in accordance with law.
9. Leaving all contentions open, this Court as
jointly agreed to by the Learned Counsels for the parties,
herein, disposes of, the instant petition, with the
direction, to Respondent No.2-Director, Elementary
Education, Himachal Pradesh to consider-examine the
claim of the petitioner of termination and the claim for
regularization, if any, in terms of the Communication
dated 27.02.2023, [Annexure A-8]; and then to pass
appropriate orders, in accordance with law; after hearing
the petitioner, within six weeks from today.
10. Needless to say, that till decision is taken
by Respondent No.2-Director, Elementary Education,
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Himachal Pradesh, the interim orders dated 19.09.2018
passed, by State Administrative Tribunal [now abolished]
in Original Application No.5656 of 2018 [renumbered
CWPOA 5224 of 2020], shall continue to operate.
11. It is clarified that this Court has not adverted
to the merits of the matter in any manner, which shall
be addressed by Respondent No.2-Director of
Elementary Education, Himachal Pradesh, in terms of
this order.
In aforesaid terms, the instant writ petition,
as well as all pending miscellaneous application(s), if any,
shall also stand disposed of, accordingly.
(Ranjan Sharma)
Judge
October 21, 2024
(himani)
