Himachal Pradesh High Court
Ms. Vandna Rana Daughter vs State Of Himachal Pradesh And Others ... on 20 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 20TH DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.90 of 2021
Between:-
1. MS. VANDNA RANA DAUGHTER
OF SHRI PRITHVI SINGH RANA,
RESIDENT OF WARD NO.5, NEAR
SARVODAYA SCHOOL, VILLAGE
AMARPURI, POST OFFICE DEHRA,
DISTRICT KANGRA, HIMACHAL
PRADESH PRESENTLY POSTED
AS ASSISTANT PROFESSOR
(HINDI) IN GOVERNMENT DEGREE
COLLEGE, DEHRA, DISTRICT
KANGRA, HIMACHAL PRADESH
2. BHUPENDER KUMAR SON OF
SHRI SOHAN LAL, RESIDENT OF
VILLAGE BATHAN, POST OFFICE
GAMBHARKHADD, TEHSIL BALH,
DISTRICT MANDI, HIMACHAL
PRADESH PRESENTLY POSTED
AS ASSISTANT PROFESSOR
HINDI, GOVERNMENT DEGREE
COLLEGE, KOTLI, MANDI,
HIMACHAL PRADESH
3. CHANDER PAL SON OF SHRI
LEKH RAM, RESIDENT OF
VILLAGE AND POST OFFICE
URLA, TEHSIL PADHAR, DISTRICT
MANDI, HIMACHAL PRADESH
PRESENTLY POSTED AS
ASSISTANT PROFESSOR
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POLITICAL SCIENCE, GDC
SANDHOLE, DISTRICT MANDI,
HIMACHAL PRADESH
.
4. INDU THAKUR WIFE OF SHRI
LALIT MOHAN SHARMA,
RESIDENT OF HOUSE NO. 119,
WARD NO. 11, BEHIND SESSION
HOUSE, SHASTRI NAGAR, KULLU,
HIMACHAL PRADESH PRESENTLY
POSTED ASSISTANT PROFESSOR
COMMERCE, GOVERNMENT
DEGREE COLLEGE KULLU.
5.
LALIT MOHAN SHARMA SON OF
SHRI BHAGAT RAM SHARMA,
RESIDENT OF HOUSE NO. 119,
WARD NO.11, BEHIND SESSION
HOUSE, SHASTRI NAGAR, KULLU,
HIMACHAL PRADESH PRESENTLY
POSTED AS ASSISTANT
PROFESSOR MATHEMATICS,
GOVERNMENT DEGREE COLLEGE
GADAGUSHARNI, TEHSIL
BANJAR, KULLU, HIMACHAL
PRADESH.
6. SURENDER KUMAR SON OF SHRI
AMAR SINGH, RESIDENT OF
HOUSE NO. 3/1, TEHSIL KALANG
KANGSAR, POST OFFICE
GOUNTHLA, LAHUL & SPITI,
HIMACHAL PRADESH PRESENTLY
POSTED AS ASSISTANT
PROFESSOR PHYSICAL
EDUCATION, AT GOVERNMENT
DEGREE COLLEGE KUKUMSERI,
TEHSIL LEYLONG, LAHUL & SPITI.
7. SAVITA KUMARI WIFE OF
RAJENDER SINGH NEGI,
RESIDENT OF VILLAGE AND POST
OFFICE AKPA, TEHSIL MOORANG,
DISTRICT KINNAUR, HIMACHAL
PRADESH PRESENTLY POSTED
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AS ASSISTANT PROFESSOR
GEOGRAPHY AT GOVERNMENT
DEGREE COLLEGE KULLU,
HIMACHAL PRADESH
.
8. DABE RAM SON OF SHRI HUKAM
RAM, RESIDENT OF VILLAGE
CHHET, POST OFFICE AND
TEHSIL BANJAR, DISTRICT
KULLU, HIMACHAL PRADESH
PRESENTLY POSTED AS
ASSISTANT PROFESSOR
COMMERCE AT GOVERNMENT
DEGREE COLLEGE BANJAR.
9. SUSHIL GAUTAM SON OF SHRI
SHYAM LAL, RESIDENT OF
VILLAGE AND POST OFFICE
KUNDLU, TEHSIL NALAGARH,
DISTRICT SOLAN, HIMACHAL
PRADESH PRESENTLY POSTED
AS ASSISTANT PROFESSOR
SANSKRIT AT GOVERNMENT
SANSKRIT COLLEGE, NAHAN,
HIMACHAL PRADESH.
10. DR. DEEPAK SON OF SHRI
SHOBHA RAM, RESIDENT OF
VILLAGE MAJLA ASSISTHNI,
POST OFFICE SANGNA, TEHSIL
KUMARSAIN, DISTRICT SHIMLA,
HIMACHAL PRADESH PRESENTLY
POSTED AS ASSISTANT
PROFESSOR (POLITICAL
SCIENCE) GOVERNMENT DEGREE
COLLEGE SHILLAI, DISTRICT
SIRMAUR, HIMACHAL PRADESH.
11. DR. KHATRI RAM TOMAR SON OF
SHRI NANTI RATT RESIDENT OF
VILLAGE KALATHA, POST OFFICE
KILLOR BATNA, TEHSIL PAONTA
SAHIB, DISTRICT SIRMAUR,
HIMACHAL PRADESH PRESENTLY
POSTED AS ASSISTANT
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PROFESSOR HINDI AT
GOVERNMENT DEGREE COLLEGE
SHILLAI.
.
12. NORBU ZANGMO SON OF PURAN
RAM, RESIDENT OF HANUMAN
GHAT, RAMPUR, DISTRICT
SHIMLA, HIMACHAL PRADESH
PRESENTLY POSTED AS
ASSISTANT PROFESSOR (HINDI)
AT GOVERNMENT DEGREE
COLLEGE RAMPUR, DISTRICT
SHIMLA, HIMACHAL PRADESH
13.
r to
DR. MADAN LAL SON OF SHRI
BUDH RAM, RESIDENT
VILLAGE KHUBU, POST OFFICE
OF
AND TEHSIL NIRMAND, DISTRICT
KULLU, HIMACHAL PRADESH
PRESENTLY POSTED AS
ASSISTANT PROFESSOR (HINDI)
AT GOVERNMENT DEGREE
COLLEGE RAMPUR.
14. VED PRAKASH SON OF SHRI
ANANT RAM, RESIDENT OF
VILLAGE TIKKARI, POST OFFICE
JAIS, TEHSIL THEOG, DISTRICT
SHIMLA, HIMACHAL PRADESH
PRESENTLY POSTED AS
ASSISTANT PROFESSOR
(JYOTISH ACHARYA) AT
GOVERNMENT SANSKRIT
COLLEGE KAIRTOO.
15. LEKH RAJ SON OF SHRI NEK
RAM, RESIDENT OF VILLAGE
GANMAS, POST OFFICE TAI
SURAL, TEHSIL PANGI, DISTRICT
CHAMBA, HIMACHAL PRADESH
PRESENTLY POSTED AS
ASSISTANT PROFESSOR
(HISTORY) IN GOVERNMENT
DEGREE COLLEGE LYLH KOTHI,
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DISTRICT CHAMBA, HIMACHAL
PRADESH.
16. BALAK RAM SON OF SHRI HARI
.
SINGH, RESIDENT OF VILLAGE
AND POST OFFICE GREEMA,
TEHSIL BHARMOUR, DISTRICT
CHAMBA, HIMACHAL PRADESH
PRESENTLY POSTED AS
ASSISTANT PROFESSOR
ECONOMICS AT GOVERNMENT
DEGREE COLLEGE BHARMOUR,
DISTRICT CHAMBA, HIMACHAL
PRADESH.
17. RAJINDER SINGH SON OF SHRI
HARI SINGH, RESIDENT OF
VILLAGE CHANANI, POST OFFICE
GREEMA, TEHSIL BHARMOUR,
DISTRICT CHAMBA, HIMACHAL
PRADESH PRESENTLY POSTED
AS ASSISTANT PROFESSOR
HISTORY AT GOVERNMENT
DEGREE COLLEGE BHARMOUR.
18. SANTOSH KUMAR SON OF SHRI
ACHHRU RAM, RESIDENT OF
VILLAGE DABROG, TEHSIL
SARKAGHAT, DISTRICT MANDI,
HIMACHAL PRADESH PRESENTLY
POSTED AS ASSISTANT
PROFESSOR (HINDI) AT
GOVERNMENT DEGREE COLLEGE
TISSA, DISTRICT CHAMBA,
HIMACHAL PRADESH
19. RAM NATH SON OF SHRI
BAHADUR SINGH, RESIDENT OF
VILLAGE CHALDI, TEHSIL PANGI,
DISTRICT CHAMBA, HIMACHAL
PRADESH PRESENTLY POSTED
AS ASSISTANT PROFESSOR
POLITICAL SCIENCE AT
GOVERNMENT DEGREE COLLEGE
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TISSA, DISTRICT CHAMBA,
HIMACHAL PRADESH
20. SANJAY KUMAR SON OF MANSA
.
RAM, RESIDENT OF NUGRAN,
POST OFFICE KASHMIR, TEHSIL
NADAUN, DISTRICT HAMIRPUR,
HIMACHAL PRADESH PRESENTLY
POSTED AS ASSISTANT
PROFESSOR HISTORY AT
GOVERNMENT DEGREE COLLEGE
DHANETA.
21. ROHIT KUMAR SON OF SHRI
NAZER LAL MOKTA, RESIDENT
OF VILLAGE KIARI, POST OFFICE
AND TEHSIL JUBBAL, DISTRICT
SHIMLA, HIMACHAL PRADESH
PRESENTLY POSTED AS
ASSISTANT PROFESSOR (MUSIC)
AT GOVERNMENT POST DEGREE
COLLEGE SARASWATI NAGAR.
22. SURINDER SINGH SON OF SHRI
KARTAR SINGH, RESIDENT OF
VILLAGE BHATWARI, POST
OFFICE KAROH, TEHSIL
CHIRGAON, DISTRICT SHIMLA,
HIMACHAL PRADESH PRESENTLY
POSTED AS ASSISTANT
PROFESSOR (ECONOMICS) AT
GOVERNMENT POST GRADUATE
DEGREE COLLEGE, SARASWATI
NAGAR.
23. SURINDER SINGH SON OF SHRI
MUNSHI RAM, RESIDENT OF
VILLAGE RAKH, POST OFFICE
SIHUNTA, TEHSIL SIHUNTA,
DISTRICT CHAMBA, HIMACHAL
PRADESH PRESENTLY POSTED
AS ASSISTANT PROFESSOR AT
GOVERNMENT DEGREE COLLEGE
SIHUNTA.
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24. SHYAM LAL SON OF SHRI SADA
RAM, RESIDENT OF VILLAGE
BALH-BULWALA, POST OFFICE
CHANDPUR, TEHSIL SADAR,
.
DISTRICT BILASPUR, HIMACHAL
PRADESH PRESENTLY POSTED
AS ASSISTANT PROFESSOR
(HINDI) AT GOVERNMENT
DEGREE COLLEGE SRI NAINA
DEVI JI, BILASPUR, HIMACHAL
PRADESH
25. MAHENDER SINGH SON OF SHRI
HARI SINGH, RESIDENT OF
VILLAGE LAKHWAN, POST
OFFICE SIDHYANI, TEHSIL BALH,
DISTRICT MANDI, HIMACHAL
PRADESH PRESENTLY POSTED
AS ASSISTANT PROFESSOR
(HISTORY), AT GOVERNMENT
DEGREE COLLEGE DRANG,
DISTRICT MANDI, HIMACHAL
PRADESH
....PETITIONERS
(BY MS. DEVYANI SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. DIRECTOR OF HIGHER
EDUCATION, HIMACHAL
PRADESH, SHIMLA-1.
....RESPONDENTS
(BY MR. VIKRANT CHANDEL,
DEPUTY ADVOCATE GENERAL)
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This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
.
Petitioners have filed the petition under Article 226 of the Constitution of India, seeking following relief:-
"i). That a writ in the nature of writ of mandamus may be issued directing the respondents to strictly implement, annexure P-3, dated 11.5.2018 and grant regularization of services of the petitioners with effect from 1.4.2018 along with all consequential benefits.
ii) An appropriate writ, order or direction directing the respondents to fix the pay of the petitioners accordingly and calculate and pay arrears of salary alongwith interest."
2. Learned counsel for the petitioners has submitted that the petitioners were initially appointed on PTA basis in the year 2006-2007.
Thereafter, vide policy decision dated 16 th August, 2013, the State of Himachal Pradesh has decided to bring the services of the petitioners on contract basis w.e.f. January, 2015. The petitioners were entitled for regularization of their services on completion of three years contractual service as per regularization policy.
3. Learned counsel for the petitioners has further submitted that the case of the petitioners is duly covered by the decision given by this Court in CWP No.342 of 2021, titled Yashwant Singh and others versus State of Himachal Pradesh and others along with connected matters, decided on 31.8.2022.
::: Downloaded on - 21/09/2022 20:05:21 :::CIS 94. Learned Deputy Advocate General has not controverted the submissions made by learned counsel for the petitioners.
.
5. Operative part of the decision dated 31.8.2022 passed in CWP No.342 of 2021, reads as under:-
"19. With due deference to the judgments relied upon by the respondents, we are of the considered view that the ratio laid down therein will not serve the cause of respondents for the reason firstly that, as held above, it was not a case of fixation of cut-off date for the entire class, secondly that the above referred judgments were passed in their own facts and lastly the only caveat generated is that the court should not normally interfere with the fixation of cut-off date by the executive authority unless such order appears to be on the face of it blatantly discriminatory and arbitrary or the said cut-off date leads to some blatantly capricious or outrageous result or it is shown to be totally capricious or whimsical. We have no hesitation to hold that in the facts of instant case the impugned action of respondents is blatantly discriminatory and arbitrary. In R L. Marwaha v. Union of India (1987) 4 SCC 31, it has been held that fixing of a date for grant of benefit, must have nexus with the object sought to be achieved. The respondents, as noticed above, at one stage had themselves supported the cause of petitioners for granting them permanency of job on the premise of financial compulsions faced by it. They preferred contract ::: Downloaded on - 21/09/2022 20:05:21 :::CIS 10 employments or employments under special policies at initial stage than the recruitments on regular basis for the same reason of financial constraints. Once the .
courts upheld the contentions of respondents, they cannot be allowed to defeat the rights of petitioners by creating fictional separate class of employees.
Noticeably, the respondents have not declared any object for creating such imaginary classification and hence it is difficult nay impossible to find necessary nexus between the intelligible differentia and the object sought to be achieved.
20. It is also not a case where the respondents have not come out with reasons in support of its actions and financial constraint is not one of the mentioned reasons. Other reasons have already been held by us to be not qualifying the benchmark of reasonable classification and hence have been adjudged to be discriminatory and arbitrary.
21. Lastly another futile attempt has been made on behalf of respondents by contending that some of the PTA-GIA teachers were taken on contract and some were left out, therefore, they being homogeneous class cannot be differentiated. According to respondents the grant of claimed benefit of regularisation to petitioners will discriminate the PTA- GIA teachers whose services were not taken on contract. Again, we do not find any reason to subscribe to the view expounded by respondents. Petitioners are seeking the parity with other contract employees of the State Government on the premise ::: Downloaded on - 21/09/2022 20:05:21 :::CIS 11 of having formed the same class with them, whereas the rights, if any, of those who have not yet been taken on contract is not the subject matter of these .
petitions. Petitioners were taken on contract when they qualified the criteria of having served as PTA- GIA teachers for seven years. Petitioners cannot be compared with those who had not fulfilled the requisite criteria or were not taken on contract for any other reason.22.
In view of above discussion, the petitions are allowed. Respondents are directed to regularise the petitioners w.e.f. the due date i.e. 1.4.2018. Needless to say that the consequential benefits shall follow. The petitions are accordingly disposed of so also the miscellaneous pending applications(s) if any."
6. Accordingly, this petition is disposed of, in terms of the decision given by this Court in Yashwant Singh's case (supra).
Pending miscellaneous application(s), if any, also stand disposed of.
(Sabina) Judge (Sushil Kukreja) Judge September 19, 2022(ps) ::: Downloaded on - 21/09/2022 20:05:21 :::CIS