KAMLA TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN all these petitions the petitioners are aggrieved with the Govt. Order dated 20th September 2003 by which the Govt. has declined payment of hono rarium to such Teachers who have been appointed by the Parent Teacher Asso ciation after 5th September 2003. The petitioners are also aggrieved with the G. O. dated 19th October 2005 by which the Government has issued directions that the appointments can be made by the aided Colleges, leaving the posts occupied by the PTA Teachers. Some of the petitioners have challenged the ad vertisement issued by the Committee of Management to fill up the post against which they are working. On 20th Sep tember 2003, Government issued order stipulating therein that the RT. A. Teach ers, who were appointed on or before 05-09-2003, possessed the requisite quali fication and were eligible for holding the said posts and have been selected and appointed by the Parent Teachers Asso ciation shall be provided honorarium @ Rs. 25 per period , 6 period per day upto maximum of Rs. 4,000/- per month, however, vide subsequent Govt. Order dated 24th October 2003, the limitation prescribed for 6 periods in a day has been withdrawn and direction was issued to make payment @ of Rs. 4000/- per month.

(2.) THE petitioners are working in dif ferent recognized and aided institutions in the State of Uttarakhand. THE serv ices of the petitioners in these petitions are governed by the Provision of Inter mediate Education Act, 1921 and the Regulation framed under this Act. Pay ment of Salary Act 1971 is also appli cable to the Institutions in which the pe titioners are serving. In some of the pe titions publication of posts is sought to be quashed. In some petitions the peti tioners have sought their regularization on the post held by them. In most of the petitions the petitioners have prayed to issue a writ in the nature of mandamus commanding and directing the respond ents to ensure payment of full salary as is admissible to the regularly appointed L. T. Grade teachers or at least to pay ad missible honorarium @ of Rs. 4,000/- per month in pursuant to Government Order dated 20-09-2003 alongwith the arrears from the date of their appointment. 3r. As the petitioners have chal lenged the cut of date stipulated by the Government vide its G. O. dated 20th Sep. 2003, by which the PTA Teachers who have been appointed after 5th Sep tember 2003 have been declined for payment of honorarium, thus for the sake of convenience all the writ petitions have been consolidated and are being decided by a common judgment. THE Writ Petition No. 762 (S/s) of 2006 is treated as a leading case. 4. THE Uttarakhand School Educa tion Act, 2006, Act No. 8 of 2006 was enacted and came into force w. e. f. 22nd April, 2006. Under Section 41, provision has been made for ad hoc appointment of part time teacher/acting Parent Teachers Association Teachers by Com mittee of Management. It is provided that the Committee of Management shall appoint on ad hoc basis such part time PTA Teachers as were employed up to 05-09-2003 by the Committee of Man agement from its own resource, for which substantive posts were created at the time and who possessed qualification prescribed for the corresponding posts and who were paid honorarium from the Government funds. 5. Prior to enforcement of the afore said Act, Uttar Pradesh Intermediate Education Act, 1921 and the Regula tions framed there under were adopted by the State of Uttarakhand. Certain pro visions of U. P Intermediate Education Act, 1921 as well as Regulations relat ing to appointment of Teachers under Parent Teachers Association (hereinafter referred to as the PTA) are relevant for the proper adjudication of the case, are as under : 7aa. Employment of Part-time Teachers or Part-time Instructors:- 1. Notwithstanding anything con tained in this Act, the Manage ment of an Institution may, from its own resources, employ- (i ). As an interim measure part-time teachers for imparting instructions in any subject or group or subjects or for a higher class for which recog nition is given or in any sec tion of an existing class for which permission is granted under Section?-A: (ii ). Part-time instructors to im part instruction in moral edu cation or any trade or craft under socially useful produc tive work or vocational course. 2. No recognition shall be given and no permission shall be granted under Section 7-A, unless the Committee of Management fur nishes such security in cash or by way of Bank Guarantee to the Inspector as may be speci fied by the State Government from time to time.

(3.) A part-time teacher or part-time instructor shall be paid such honorarium as may be fixed by the State Government by general or special order in this behalf.