Anil Kumar vs State Of Himachal Pradesh And Others

Jyotsna Rewal Dua, J

The petitioner seeks quashing of the order dated 29.06.2015, whereby his representation, seeking re-engagement as Trained Graduate Teacher (Arts) on Parent Teacher Association-Grant-in-Aid (PTA-GIA) basis in Government High School Sachani, District Kullu, has been rejected.

Heard learned counsel for the parties and gone through the case file. Facts emerging from the pleadings of the parties are that:-

The Parent Teacher Association of Government High School Sachani, District Kullu, passed a resolution on 16.04.2007 with respect to engaging the services of the petitioner as TGT (Arts) in the school. Pursuant to this resolution, petitioner joined as a PTA appointed teacher in the concerned school on 19.04.2007. His services were terminated by the Head Master of the school on 24.11.2009.

In the year 2014, the petitioner instituted a Civil Writ Petition No.7301 of 2014, seeking his re-engagement as PTA teacher. The prayer was made in the writ petition on the basis of instructions dated 05.09.2013 and 05.09.2014, issued by the State of Himachal Pradesh in respect of re-engaging such PTA (GIA) appointed teachers, whose services were earlier terminated due to joining of regular/contract appointees. This writ petition was disposed of on 09.10.2014 with a direction to the competent authority to decide the petitioner's case in the light of notifications dated 05.09.2013 and 24.05.2014. The competent authority after affording an opportunity of hearing to the petitioner and after considering the entire record, rejected his representation for was re-engagement by Parent Teacher Association on grant-in-aid basis as TGT (Arts). It is in the aforesaid circumstances, that the petitioner has instituted the instant writ petition.

The documents placed on record reveal that the petitioner was engaged as a TGT (Arts) by the Parent Teacher Association (PTA) of the school by passing a resolution on 16.04.2007. The petitioner in terms of this resolution engaged on temporary basis by the concerned Parent Teacher Association of the school. The petitioner was to serve till the joining of the regular teacher either by way of transfer or on fresh appointment. Further, no grant-in-aid under the Grant-in-Aid Rules, 2006 was made admissible to the petitioner. These facts as noticed in the impugned order dated 29.06.2015 have not been disputed by the petitioner in the instant petition. As per the stand taken by the respondents in their reply, the petitioner was appointed as TGT (Arts) on 16.04.2007 by the PTA without following the procedure and the norms stipulated under the Grant-in-Aid Rules, 2006. It is the case of the respondent that the engagement of the petitioner was not under the Grant-in-Aid Rules, 2006. For this reason, grant-in-aid was also not being paid to the petitioner. The petitioner was very well aware of these facts and had accepted such position. He had not claimed any grant-in-aid at the relevant time. The petitioner was appointed only in terms of a resolution passed by the Parent Teacher Association and he was to serve there till the joining of the regular/contract appointee. On joining of the regular teacher on 24.11.2009, the services of the petitioner were accordingly dispensed with.

The above facts are not in dispute. The instructions/notifications dated 05.09.2013 and 24.05.2014 being relied by the petitioner pertain to those teachers whose services were engaged by the Parent Teacher Association in consonance with the Grant-in-Aid Rules, 2006. Since the petitioner was not engaged as a PTA teacher on the basis of Grant-in-Aid Rules, 2006, therefore, these instructions do not cover his case. Petitioner was never engaged on PTA (GIA) basis. He had never received any grant-in-aid. Therefore, there was no question of his re-engagement as PTA (GIA). There is no fault in the order dated 29.06.2015, whereby the representation of the petitioner, seeking re-engagement as PTA teacher on grant-in-aid basis was rejected.

Consequently, there is no merit in the instant petition and the same is dismissed as such. Pending miscellaneous application(s), if any, also stand disposed of.