Himachal Pradesh High Court
Hem Raj Sharma Son Of Shri Bali Ram Sharma vs State Of H.P. And Others on 23 January, 2015
Author: P.S. Rana
Bench: P.S. Rana
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 2304 of 2014
.
Order Reserved on 5th December,2014
Date of Order 23rd January, 2015
________________________________________________________
Hem Raj Sharma son of Shri Bali Ram Sharma ....Petitioner
Versus
State of H.P. and others ....Respondents
________________________________________________________
Coram
The Hon'ble Mr. Justice P.S. Rana, J.
Whether approved for reporting?1 Yes.
______________________________________________________________ For the Petitioner: Mr. Rajesh Verma, Advocate.
For Respondents: Mr. R.P.Singh, Assistant Advocate General _____________________________________________________________ P.S. Rana, Judge Order Present civil writ petition is filed under Article 226 of the Constitution of India pleaded therein that petitioner was initially appointed as DPE in Government Senior Secondary School Thona District Mandi on PTA basis on dated 1.10.2008 after fulfilling all codal formalities. It is pleaded that on dated 25.12.2010 services of the petitioner were terminated on joining of regular employee. It is pleaded that thereafter on dated 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 17:34:42 :::HCHP 27.4.2011 petitioner filed CWP No. 785 of 2011 before the Hon'ble High Court and after directions of the Hon'ble High Court the .
petitioner was again allowed to join duties by respondents in the same capacity. It is pleaded that on dated 8.7.2011 again services of petitioner were dispensed with on transfer and joining of regular hand. It is pleaded that on dated 22.4.2012 petitioner again approached the Hon'ble High Court of H.P. by filing CWP No. 2729 of 2012. It is pleaded that on dated 23.4.2012 the Hon'ble High Court of H.P. directed the respondents to take appropriate action in the matter and in case petitioner would be eligible then it was directed to let the petitioner be continued in the resultant vacancy till he would be replaced by the direct recruitee. It is further pleaded that on dated 5.6.2012 respondent No. 2 took the decision on representation of petitioner to re-
engage the petitioner. It is also pleaded that on dated 13.12.2013 the respondents had denied the release of PTA-GIA to the petitioner on the ground that petitioner has been appointed after January 2008 and due to abolition of GIA Rules 2006 after January 2008 the petitioner could not be given the benefit of GIA. It is pleaded that similarly situated persons are granted GIA benefit but benefit of GIA is denied to the petitioner.
It is prayed that respondents be directed to release the grant-in-
::: Downloaded on - 15/04/2017 17:34:42 :::HCHP 3aid to the petitioner on the analogy of PTA Grant-in-Aid Rules and respondents be also directed to take decision on representation .
filed by School Management Committee Annexure P-3. Prayer for acceptance of civil writ petition is sought.
2. Per contra reply filed on behalf of respondents pleaded therein that petitioner has no cause of action to invoke the jurisdiction of Court. It is pleaded that writ petitioner was engaged as DPE by PTA Committee Government Senior Secondary School Thona District Mandi on dated 1.10.2008. It is pleaded that Government stopped the engagement of PTA teachers vide notification dated 3.1.2008. It is pleaded that services of petitioner were terminated on dated 25.12.2010 on joining of regular employee and feeling aggrieved against the termination order petitioner filed CWP No. 785 of 2011 and same was decided by Hon'ble High Court on dated 16.3.2011. It is pleaded that vide speaking order dated 7.4.2011 the petitioner was allowed to rejoin and continue to work as PTA appointee on previous terms and conditions on which he was appointed in Government Senior Secondary School Thona District Mandi. It is pleaded that services of petitioner were again terminated on joining of regular hand and again petitioner filed CWP No. 2729 of 2012 and same was decided by the Court on dated 23.4.2013.
::: Downloaded on - 15/04/2017 17:34:42 :::HCHP 4It is pleaded that pursuant to the order passed in CWP No. 2729 of 2012 the petitioner was allowed to join as DPE. It is pleaded .
that petitioner was engaged by PTA out of their own local fund. It is pleaded that case of petitioner is not covered under PTA-GIA policy as he was engaged on dated 1.10.2008. Prayer for dismissal of civil writ petition sought.
3. Petitioner filed rejoinder and re-asserted the allegations mentioned in the petition. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the respondents and Court also perused the entire record carefully.
4. Following points arise for determination in this civil writ petition:-
1. Whether direction should be issued to the competent authority to dispose of representation Annexure P-3 filed by the President Secretary, School Management Committee, GSSS Thona District Mandi as alleged?
2. Final Order.
Findings on point No.1
5. It is proved on record that representation Annexure P-3 was filed by the President Secretary School Management Committee for grant of PTA grand-in-aid to the petitioner. The ::: Downloaded on - 15/04/2017 17:34:42 :::HCHP 5 representation was sent as per Resolution No. 49 dated 13.12.2013. The representation is still pending before competent .
authority of law. It is well settled law that all competent authorities are under legal obligation to dispose of the representation within a stipulated period. Court is of the opinion that it is expedient in the ends of justice to issue the directions to the competent authority before whom the representation is pending to dispose of Annexure P-3 placed on record expeditiously. Point No. 1 is decided accordingly.
Final Order
6. In view of findings in point No. 1 it is directed that competent authority before whom the representation Annexure P-3 is pending will decide Annexure P-3 placed on record expeditiously within a period of four weeks from today strictly in accordance with law and the decision of Annexure P-3 will be communicated to the petitioner and the President Secretary School Management Committee GSSS Ghona District Mandi H.P. expeditiously. Civil writ petition stands disposed of. All pending miscellaneous application(s) if any stands disposed of.
January 23,2015 (P.S. Rana)
ms. Vacation Judge
::: Downloaded on - 15/04/2017 17:34:42 :::HCHP