North Gazette News/ Shimla
#HP High Court on Tuesday gave its nod to the regularisation of services of PTA, Para and PAT teachers.
The division of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan passed these orders on a petition filed by the PTA and Para Teachers.
The judgement reads as under:
Having glance of the above discussions, it can be safely said and held that the writ petitioners and respondents in the appeals have failed to carve out a case for interference.
The effect of the impugned judgment is quashment of the appointment/regularization of some of the said teachers, who were not party before the learned Single Judge and are not party before this Court. Only on this count, the writ petitions filed before this Court, i.e. CWPs No. 6916 of 2011, 7728 & 8412 of 2013, merit to be dismissed and the impugned judgment merits to be set aside.
It is also worthwhile to mention here that all those candidates, who have been appointed, are not party before us, though, it is stated that they have arrayed the Association as party respondent.
It is not averred in any of the writ petitions, whether all those teachers are the members of the Association and it was for the writ petitioners to plead and to substantiate, prima facie, that all of them are party to the writ petitions or members of the so called Association.
The learned Single Judge has also fallen in error in passing the impugned judgment in CWP No. 3303 of 2012. It is apt to reproduce the operative part of the impugned judgment herein:
Accordingly, the writ petition is allowed. The respondent-State is directed to phase out the teachers appointed under ‘The Himachal Pradesh Prathmic Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme 2003’, notified on 27th August, 2003 in a phased manner and to commence the selection process for filling up the posts of JBTs strictly as per the Recruitment and Promotion Rules, notified on 22nd August, 2000 read with notification, dated 23rd August, 2010, notified
by the National Council for Teacher Education. This process shall be completed within a period of six months from today. The respondent-State is directed not to regularize the services of those teachers, who have been appointed de hors the Recruitment and Promotion Rules framed under Article 309 of the Constitution of India read with minimum qualification prescribed under the National
Council For Teacher Education notification, dated 23rd August, 2010. The pending application(s), if any, also stands disposed of.
Only one writ petition was filed, that too, by three petitioners. If, at all, they had carved out a case, they could have sought their selection against three posts. The persons, who came to be appointed, are not parties and how a direction can be made to phase out them without even hearing them.
In view of the stand taken by the State in the reply filed in CWP No. 3303 of 2012 and the stand taken in the supplementary affidavit filed in CWP No. 7728 of 2013 that a large number of posts are vacant, at best, the writ petitioners can participate in the selection process. It is also a question mark whether they can make a grade in such selection process.
It pains us to record here that the State Government has utilized the services of the said teachers right from the year 2003, they have lost their youth and are performing their duties with legitimate expectations and the Government, after taking note of their work and conduct, as discussed hereinabove and at the cost of repetition, came forward and regularized their services and by now, they must have crossed the age of consideration and the impugned judgment has taken away their bread, not only the bread, but has affected their matrimonial home and their family and career of their children for no fault of theirs.
aving said so, the impugned judgment merits to be set aside and the writ petitions deserve dismissal. Accordingly, CWPs No. 6916 of 2011, 7728 and 8412 of 2013 are dismissed, LPAs No. 504, 507, 512 of 2012 & 203 of 2014 are allowed, the impugned judgment is set aside and CWP No. 3303 of 2012 is also dismissed. Pending applications, if any, are also disposed of. Interim direction, if any, shall stand vacated.