SHYAM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, who after doing his B.Ed., got himself enrolled with the employment exchange, Nalagarh, District Solan, Himachal Pradesh, was offered appointment on contract basis as a Trained Graduate Teacher in February, 1997 at Government High School, Gharar, Tehsil Kasauli, District Solan, Himachal Pradesh. In the aforesaid capacity, petitioner worked till 24.4.1999. Petitioner apprehending his termination on expiry of contract, which was valid for two years, filed OA No. 422 of 1999 before erstwhile Himachal Pradesh Administrative Tribunal. The Tribunal in the interim, vide order dated 22.2.1999, directed that the services of the petitioner will not be terminated till a regular hand is appointed. However, the fact remains that regular hand joined on 24.4.1999, as a consequence of which, services of the petitioner came to be terminated on 24.4.1999. Subsequently, the petitioner approached this Court by way of CWP No. 952 of 2000, laying therein challenge to order dated 3.11.1999, passed by the Tribunal in OA No. 422 of 1999. Vide order dated 11.12.2000 (Annexure A-1), Division Bench of this Court, while considering application for interim relief i.e. CMP No. 1634 of 2000, passed following direction

(2.) Vide aforesaid orders, the Division Bench though prima facie was of the view that no mandatory direction can be issued to the State Government to appoint any particular person during the pendency and final disposal of the petitions, however, having taken note of the fact that the petitioner worked for some time in the past and his services never came to be terminated on account of disciplinary proceedings, directed the State Government that after appointing those persons, who have already been selected and if still there are vacancies, the State Government would first afford opportunity to those teachers, who have worked with them and who are willing to discharge their duties on such terms and conditions which State Government may prescribe. While passing aforesaid order, Division Bench of this Court specifically clarified in the order that no equity will be claimed on the basis of such appointment by the appointee, which will be made in pursuance to these interim orders. In the year 2003, respondent State framed The Himachal Pradesh Para Teachers (Lecturer School Cadre), Para Teachers (TGT's) and Para Teachers (C&V) Policy, 2003 (hereinafter, 'Para Teacher Policy, 2003'), wherein preference was given to those teachers, who were earlier appointed on contract basis. In terms of aforesaid contract Policy (Annexure A-2), framed by the State of Himachal Pradesh, petitioner was interviewed by Sub Divisional Magistrate, Nalagarh on 21.1.2004. Petitioner joined at Government Middle School, Dalchhamb, Tehsil Nalagarh, District Solan, Himachal Pradesh on 21.1.2004. Before joining in terms of appointment letter referred to above, petitioner also executed an agreement undertaking therein that the contract shall stand terminated on 31.3.2004 or on fresh appointment or posting or promotion to the post or by transfer of a regular teacher, whichever, is earlier. Besides above, petitioner also undertook before the authorities that his appointment would be subject to the decision of writ petition filed/pending in this Court.

(3.) Being aggrieved and dissatisfied with the aforesaid offer of appointment, under Para Teacher Policy and apprehending termination of his services, petitioner approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 712 of 2005, which after doing rounds between this Court and the erstwhile Himachal Pradesh Administrative Tribunal, now finally stands transferred to this Court, after abolition of the Himachal Pradesh Administrative Tribunal.