ANIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks quashing of the order dtd. 29/6/2015, 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.

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

(3.) 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 16/4/2007. 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 dtd. 29/6/2015 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 16/4/2007 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.