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"No. HPSES(SSA/RMSA) HO-Vl.II-7395 OFFICE OF THE STATE PROJECT DIRECTOR SSA/PMSA H.P. SCHOOL EDUCATION SOCIETY, DPEP BHAWAN LAL PANI, SHIMLA-171001.
Dated: 26/09/17 To The Engineer-in-Chief (PWD) r Nirman Bhawan, Nigam Vihar, Shimla - 171 002.
Subject: Regarding merger of technical staff (Civil Engineers and Draftsmen) of HPSES Employees in HPPWD and IPH Department in view of the Hon'ble High Court order.

16 The writ respondent-State opposed claim of the writ petitioners by filing reply, wherein it was averred that the writ petitioners were engaged under SSA on contract basis and as per para 37.1 of the Manual of Financial Management procurement, no permanent liability could be accrued on the HPSES or the State Government by filling up of the posts. It was further averred that some of the petitioners were engaged under DPEP project which was wound up in 2003 resulting their contract being come to an end. Thereafter, they were engaged afresh under SSA.

20 We have heard the learned counsel for the parties and have also gone through the material placed on record.

21 It is not in dispute that the petitioners had worked under SSA continuously and uninterruptedly prior to their regularization. It is also not in dispute that the HPSES was formed in 1995 initially to implement DPEP and later programmes/projects such as SSA, Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and currently "Samgra Shiksha". The above noted holistic programmes/ projects have been launched from time to time to focus on provision of basic quality school education to all in mission mode.

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22 As regards SSA, it is central government sponsored scheme having been entrusted to the Government of Himachal Pradesh, Department of Education and the same is to be executed through HPSES. The Executive Committee of HPSES consists of Principal Secretary (Education), H.P., who happens to be the Chairman, Principal Secretary (Finance), H.P., Secretary Rural r Development, Secretary HPPWD, Under Secretary, Department of Education, MHRD Govt. of India, Secretary (Social Justice & Empowerment), Advisor Planning, Director, Higher Education, Director, Elementary Education and Principal, State Council of Education, Research & Training, Solan. The Chairman of Governing body of the HPSES. is the Chief Minister. The Society has promulgated its byelaws, rules and regulations. The HPSES has been created to execute the policy of the government of achieving the goal of complete literacy through SSA and for this purpose funds are provided by the Central Government.