PUSHPA THAKUR Vs. STATE OF H P

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that petitioner No.1 was appointed as Trained Graduate Teacher (Arts) on 1.1.1991. Petitioner No.2 was appointed as Trained Graduate Teacher (Science) on 26.5.1994. Petitioner No.3 was appointed as Shastri on 25.5.1998. Petitioner No.4 was appointed as Clerk on 3.3.1992. Petitioner No.5 was appointed as Peon w.e.f. 1.4.1986. These appointments were made by petitioner No.6. Petitioner No.6 was called upon by the Director of Education on 18th October, 2005 to supply the following information:

(2.) In sequel thereto, petitioner No.6 passed a Resolution and sent the copy to the Joint Director (Education) along with necessary revenue record. The State Government has decided to take over the services of the staff working in 13 privately managed 95% aided schools functioning parallel to the Government Institutions. Petitioner No.6 made prolonged correspondence with the Education Department to take over privately managed 95% aided school. The State Government instead of taking over petitioner No.6 school upgraded Government Middle School, Neen to that of Government High School on 31.7.2006. The Director of Higher Education sought information regarding assets and liabilities from petitioner No.6 on 9.3.2007. The same was furnished on 29.3.2007. Petitioner No.6 was also directed to supply information about the distance of any other Government Middle School/Government High School/Institution running near to the school on 13th September, 2007. This information was also supplied on 18.9.2007. The petitioners made a representation to the Hon'ble Chief Minister on 17.1.2008 for the redressal of their grievance. The petitioners also filed Original Application No. 507 of 2008 before the learned H.P. Administrative Tribunal. The same was directed to be treated as representation to the Principal Secretary (Education) to the Government of Himachal Pradesh with a direction to decide the same within a reasonable time. This order was passed on 14th March, 2008. However, the fact of the matter is that the case of the petitioner for taking over the school i.e. Janta High School, Neen was rejected on 20.12.2008.

(3.) Mr. Shrawan Dogra, learned counsel for the petitioners has strenuously argued that the decision Annexure P-18 dated 20.12.2008 is illegal, arbitrary thus violative of Article 14 of the Constitution of India.