Himachal Pradesh High Court
Manju Minhas vs State Of Himachal Pradesh on 17 March, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 17TH DAY OF MARCH 2022
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
.
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 5836 OF 2019
Between:-
MANJU MINHAS
W/O SH. RAJENDER VERMA,
R/O VILLAGE AND POST OFFICE SALOA,
TEHSIL SHRI NAINA DEVI JI,
DISTRICT BILASPUR,
H.P.-174201
... PETITIONER
(BY MR. JAGDISH THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
(HIGHER EDUCATION) TO THE
GOVT. OF H.P., SHIMLA-2.
2. THE DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH,
SHIMLA-1.
3. DEPUTY DIRECTOR, HIGHER EDUCATION,
BILASPUR, DISTRICT BILASPUR,
H.P.
4. PRINCIPAL,
GOVT. SENIOR SECONDARY SCHOOL, SALOA
DISTRICT BILASPUR,
H.P.
.. RESPONDENT
(BY MR. D.S. NAINTA, ADVOCATE)
Whether approved for reporting:
This petition coming on for orders this day, the court passed the following:
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2
O R D E R
Petitioner herein was appointed as a Lecturer (Mathematics) at Government Senior Secondary School Saloa, District Bilaspur, Himachal Pradesh on 9.7.2007 on PTA basis, however, her services came to be .
disengaged on 3.3.2010 on account of her continuous absence from duties. Subsequently, vide Notification dated 22.5.2014, Government of Himachal Pradesh, on the recommendations of the High Powered Committee constituted under the chairmanship of Chief Secretary to the Government of Himachal Pradesh, decided to reengage all the PTA provided teachers who were engaged before 31.12.2007 and whose services were discontinued for the reasons other than enquiry committee, if they are eligible as per the Recruitment and Promotion Rules. Vide aforesaid communication, Director Higher Education and Director Elementary Education, Himachal Pradesh were requested to take further necessary action in the matter under intimation to the Department. Vide communication dated 26.9.2014, the Additional Director Higher Education directed the Deputy Director Higher Education, Bilaspur to collect the information from the Principles, Government Senior Secondary Schools on the enclosed proforma alongwith documents and send the same to the Director, within a fortnight, so that suitable action is taken.
2. Deputy Director Higher Education, Bilaspur, in terms of aforesaid letter apprised the Principal, Government Senior Secondary School Saloa to furnish information with regard to petitioner herein, who was appointed as Lecturer (Mathematics) on 7.9.2007 in the aforesaid school on PTA basis.
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Vide communication dated 17.10.2014, (Annexure A-3), information was apprised with regard to service rendered by the petitioner in the Government Senior Secondary School Saloa. Principal specifically informed in the aforesaid communication that the petitioner remained .
absent from service on account of long illness and pregnancy. Besides above, Principal also sent certificate of vacancy position stating that the post of PGT/Lecturer Mathematics is lying vacant in the school since March, 2014. The proforma is reproduced herein below:
"information of lecturer (School Cadre) who was provided by the Patent Teacher Association in Himachal Pradesh (engaged before 31.12.2007 and discontinued after 31.12.2007) Sr Name Post Date of Whether Date of Present wheth Cause of Whethe Wheth N of engage engagem Terminat status er terminati r GIA er PTA o. Lectu d ent ion of post intervi on self Paid, if Appoint rer under whethe ew resigned/ yes, ee is sanction r condu absente Period willing r post vacant ct, if self mention to work of filled yes/ resigned as PTA if filled No if attach GIA name yes written basis if of the intervi proof if his/her incumb ew willful case ent i.e. sheet absence, fount fit Regula to be Reason r attach /Contra ed ct/ Para 1 Manju Lect 07.09.2 Yes 03.03.20 Vacant Yes Due to Yes, Yes Manh . 007 10 Intervi long regular as Mat ew illness & from hs sheet pregnan 07.09.2 attach cy and 007 to ed delivery 24.08.2 non. 009 Photoco Paid for pies of one day applicati 16.10.2 ons also 009 attached for details
3.
4. Since the authority concerned after having received aforesaid information on the prescribed format failed to take necessary action towards reengagement of the petitioner in terms of the policy decision taken by the Government of Himachal Pradesh on 22.5.2014 (Annexure A-1), petitioner filed representation dated 15.1.2015 (Annexure A-5) to the ::: Downloaded on - 23/03/2022 20:10:17 :::CIS 4 Additional Director Higher Education. Since no action, if any, came to be taken on the aforesaid representation, petitioner was compelled to approach erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 4216 of 2015, which on abolishment of the Himachal Pradesh .
Administrative Tribunal, was transferred to this Court and re-registered as CWPOA No. 5836 of 2020, praying therein for the following reliefs:
"(a) That the respondent No.2 be directed to re-engage the applicant as Lecturer in Mathematics on PTA basis in Govt. Senior Secondary School, Saloa, District Bilaspur, H.P. in accordance with notification dated 22.5.2014.
(b) That the respondent No.2 be further directed to pay the salary to the applicant as a Lecturer w.e.f. 1.12.2014 till date."
5. Reply to the petition stands filed on behalf of the respondents, wherein factum with regard to issuance of communication dated 22.5.2014 (Annexure A-1) is admitted. Respondents have categorically admitted that the Government on 22.5.2014, decided to reengage all the PTA provided teachers, who were engaged prior to 31.12.2007 and whose services were disengaged, for the reasons other than enquiry, if otherwise found eligible as per Recruitment and Promotion Rules. It has been further admitted that in terms of aforesaid communication representations were called from the candidates and further sent to the concerned institutions for verification and thereafter all the cases were checked by the Committee constituted for this purpose, but in the meanwhile, Hon'ble Apex Court vide interim directions dated 21.1.2015 passed in SLP No. 1426/2015, directed the respondents to maintain status quo till further orders.
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6. Having heard Learned Counsel appearing for the parties and perused the material available on record, this court finds that there is no justifiable ground, if any, available to the respondents not to accede to the request of the petitioner for reengagement in terms of communication .
dated 22.5.2014 , whereby all the PTA provided teachers engaged prior to 31.12.2007 were required to be reengaged, if their services were disengaged for the reasons other than enquiry.
7. In the case at hand, it is not in dispute that services of the petitioner were not disengaged on account of enquiry report, rather on account of continuous absence. Principal, Government Senior Secondary School, Saloa, while responding to the communication dated 7.11.2014, specifically apprised the Deputy Director Higher Education Bilaspur vide communication dated 17.10.2014 (Annexure A-3) that the petitioner herein remained absent on account of long illness and pregnancy, as such, otherwise there was no occasion, if any, for the respondents not to consider the case of the petitioner in light of the instructions dated 22.5.2014. Respondent-State in its reply has admitted that the case of the petitioner alongwith other eligible candidates though was checked by the Committee constituted for the purpose, but on account of direction dated 21.1.2015 passed in SLP No. 1426/2015, whereby respondents were directed to maintain status quo till further orders, no decision could be taken.
8. It is not in dispute that the aforesaid SLP having been filed by the respondent-State was subsequently dismissed, as a consequence of which, interim direction dated 21.1.2015 otherwise lost its efficacy. After ::: Downloaded on - 23/03/2022 20:10:17 :::CIS 6 dismissal of the SLP as detailed herein above, respondents ought to have considered the case of the petitioner for reengagement in terms of instructions/policy decision taken on 22.5.2014.
9. Mr. Narender Thakur, learned Deputy Advocate General has .
not been able to pinpoint document, if any, available on record, suggestive of the fact that aforesaid communication dated 22.5.2014, was withdrawn or stands superseded. Learned Deputy Advocate General, while referring to the reply filed by the respondents argued that now since the post in question stand filled by a regular hand, prayer made on behalf of the petitioner cannot be considered. However, this Court finds no merit in the aforesaid submission and as such, same deserves to be rejected outrightly.
10. As has been discussed herein above, till the time, communication dated 22.5.2014, whereby respondents took a conscious decision to reengage services of all the PTA provided teachers, who were engaged prior to 31.12.2007, is either withdrawn or superseded, respondents are bound to consider the case of the petitioner as well as other similarly situate persons, for reengagement against the post in question. Respondents may have filled up the post in question by a regular hand, but right of the petitioner, accrued to her with the issuance of communication dated 22.5.2014, cannot be defeated by transferring a regular hand against the post in question. The regular hand so posted, against the post in question, at Government Senior Secondary School Saloa can be adjusted in some other school by the respondents. ::: Downloaded on - 23/03/2022 20:10:17 :::CIS 7
11. Consequently, in view of above, this court finds merit in the case at hand, and accordingly, the same is allowed. Respondents are directed to consider and decide the case of the petitioner against the post of Lecturer (Mathematics) at Government Senior Secondary School, .
Saloa, in terms of the policy decision dated 22.5.2014, within a period of four weeks from today.
12. The petition stands disposed of in afore terms alongwith all pending applications.
(Sandeep Sharma) Judge March 17, 2022 (Vikrant) ::: Downloaded on - 23/03/2022 20:10:17 :::CIS