Punam Gupta vs State of Himachal Pradesh

Sanjay Karol, J.—Petitioner is essentially seeking reliance upon the judgment rendered by a Single Bench of this Court in CWP No. 2978 of 2012, titled as Anil Verma and others vs. State of H.P. and others, alongwith connected matters, on 5.3.2014.

Learned counsel for the parties jointly submit that the said judgment now stands reversed by a Co-ordinate Bench of this Court in LPA No. 107 of 2014, titled as Amit Attri and others vs. Anil Verma and others, alongwith connected matters, on 3.12.2014, wherein following directions stand issued:-

"37 Having said so, the impugned judgment rendered by the learned Single Judge is not sustainable.

The question is what relief is to be granted to the writ petitioners, who have spent their youth and are now not eligible to compete, in the competitive examination. The State has also admitted that they were appointed in order to overcome shortage of teaching staff and a short procedure was thus adopted for their selection.

The Authorities have also made recommendation converting their services on contractual basis. It is apt to reproduce Annexure P3 dated 25.4.2011, a communication sent to the Secretary (Technical Education) to the Government of H.P.

"DIRECTORATE OF TECHNICAL EDUCATION VOCATIONAL AND INDUSTRIAL TRAINING H.P. SUNDERNAGAR.

No. STV(TE)H:B (2)8/C-Vol-XIV-16035

dated 24.5.2011.

To

The Secretary, (Technical Education)

To the Govt. of H.P. Shimla-2.

Sub: Converting of the services of the employee working on hourly basis/consolidated salary under Student Fund/Student Welfare Fund in the Department into contract basis.

"Please refer to your letter No. EDN(TE)B(15) 8/2009 dated 14.3.2011 on the above cited subject.

In this connection, I have the honour to bring to your kind notice that a number of posts falling vacant due to the retirements, promotions and other reasons in technical Educational Institutions are required to be filled up immediately in the interest of teaching work. It is also intimated that in the recent past, the admission intake in various disciplines has increased in polytechnics and a number of new trades have also been introduced in Industrial Training Institutes without creation of posts of the Training Instructors. Government Polytechnics at Talwar has been established, where only 08 posts have been created and no post of Engineering-faculty, supporting technical staff ministerial and Class-IV has been created. The posts created for Government Polytechnic Banikhet and Chamba have also not been allowed to be filled-up. There is a complete ban on direct recruitments, resultantly no appointments can be made on contract basis without seeking the prior approval of Government. The process of seeking the approval of the Government for creation of additional posts, permission for filling-up of the vacant posts and recruitment through the concerned recruitment agencies is time consuming and cumbersome. In view of the aforesaid, the Department is facing acute shortage of staff in Technical Education Institutions and same is adversely affecting the teaching work. The posts in the Technical Educational Institutions can not be let vacant for a long as it affects the very purpose for which they have been created.

In view of the aforesaid, the department engages teaching staff in Technical Educational Institutions under the control of Department on lecture/hourly basis. A number of teachers/staff have been engaged almost in all the Institutions under the Student Fund of the Institute by calling applications through Employment office and conducting the interview as per the requirement of R&P Rules of the concerned post at the level of concerned Institution so that the teaching/training of the students may not suffer. A number of persons so employed are continuing as such for the last 4/5 years.

A number of representations made to the Govt. of HP have been received for conversion of their such services to contract basis.

As per the policy of the Government an employee has to work for about 40 to 42 hours in a week. Therefore, the considered view of the Department is that Government may consider the demand/request of those employees who fulfill the requisite qualifications as per the R&P Rules and have been working more than 5 years continuously and have completed 9600 hours. It is submitted that Govt. may consider such cases for appointment on contract basis against the existing sanctioned posts by making a policy. It is further submitted that this situation is peculiar being department specific and there is a strong premise for evolving policy in respect of Technical Education Department by the State Govt."

Submitted for consideration and appropriate directions please.

Yours Faithfully,

Director Technical Education Vocational & Industrial Training H.P. Sundernagar."

In the given facts and circumstances of the case, we deem it proper to direct the State Government to examine the case of the writ petitioners for regularization or conversion on contractual basis, while keeping in view the recommendations, as per Annexure P-3, supra.

As a corollary to the aforesaid discussion and observations, the LPAs are allowed, the impugned judgment is set aside and the writ petitions are disposed of alongwith writ petitions (CWPs No. 3789 and 6610 of 2014), as indicated hereinabove.

All the LPAs and the writ petitions are disposed of accordingly. Copy of this judgment be placed on each of the files."

As such, present petition is disposed of, clarifying that the directions issued in Amit Attri (supra) shall mutatis mutandis apply to the present petitioner also.

Pending application(s), if any, also stand disposed of.