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Himachal Pradesh High Court

Govind Ram vs State Of H.P. & Others on 19 December, 2019

Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                  CWPOA No. 227 of 2019
                                  Decided on: 19.12.2019
    _______________________________________________________________




                                                                            .

    Govind Ram
                                                                    ..... Petitioner
                                        Versus





    State of H.P. & others
                                                ......Respondents
    _______________________________________________________________





    Coram
    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

    The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
    1

        Whether approved for reporting? No.

    _______________________________________________________________
    For the petitioner:                          Mr. Onkar Jairath, Advocate.

    For the respondents:                         Mr. Vinod Thakur, Additional


                                                 Advocate General with Ms.
                                                 Svaneel Jaswal, Mr. Bhupinder
                                                 Thakur, Mr. Narender Singh
                                                 Thakur and Ms. Divya Sood,




                                                 Deputy Advocates General, for
                                                 respondents No. 1 to 3/State.





                                                 Respondent No. 4 ex parte.





    Tarlok Singh Chauhan, Judge (oral)

Learned counsel for the petitioner states that his client would be satisfied in case the respondents are directed to consider his case in accordance with the directions that were passed by a Coordinate Bench of this Court in CWP No. 2218 of 2018, titled Sangeeta Devi & Others vs. State of H.P. & others, decided on 11.03.2019, which reads as under:

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

"Heard. Consequent upon the orders passed on 13.12.2018/1.1.2019,learnedAdditional Advocate General has placed on record the written instructions, which reveals that the grant-in-aid Rules, 2006 were applicable for appointment of teachers on PTA basis in Government Colleges also. The application of the grant-in-aid Rules for .

the Colleges, however, was subsequently withdrawn on and w.e.f. 3.1.2008. Later on the operation of grant-in-aid scheme was again extended to the colleges vide Notification No.EDN-A-Kha(1)-2/2013-Loose,dated 8.9.2014.

2. The petitioners, except for petitioner No.1, in this writ petition were appointed as PTA teachers on and after 3.1.2008 whereas petitioner No.1 was engaged perhaps on period basis in the month of September 2006. In her case, it has also been submitted that she was simply M.A. at the time of her initial engagement.

3. The relief sought in the writ petition is a direction sought to be issued to the respondents to release grant-in-aid in favour of the petitioner and payment thereof together with interest @ 9% per annum. The respondents may have discontinued the operation of the grant-in-aid scheme in favour of the PTA Teachers in the colleges on and w.e.f. 3.1.2008. The petitioners, except for petitioner No.1, no doubt, were appointed on and after that day. The facts, however, remain that the grant-in-aid Scheme has again been made applicable in the Government Colleges w.e.f. June 2004 as is apparent from the notification dated 8.9.2014 annexed to the written instructions. The notification Annexure-C reveals that in different colleges number of teachers have been appointed on PTA basis and the grant-in-aid is being released in their favour.

4. Being so, the petitioners being similarly situated and covered under the Scheme,are also entitled to the relief of grant-in-aid in their favour. We, therefore, allow this writ petition and direct the respondents to release the grant- in-aid right from their initial appointment and make the payment thereof within two months from today, failing which together with interest @6% per annum, irrespective of their qualification because the respondent-State has already extended the time for improvement of qualification by the PTA appointed teachers till the year 2021.

5. The writ petition is accordingly disposed of, so also the pending application(s), if any."

2. The petition is accordingly disposed of with a direction to the respondents to consider the case of the petitioner in light of the aforesaid directions. Pending application(s), if any, also stands disposed of.

.

Copy dasti.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge November 19, 2019 (raman/virender) ::: Downloaded on - 20/12/2019 20:28:20 :::HCHP