ABIDA PARVEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Government of Himachal Pradesh vide letter No. Shiksha-II (kha) 6-4/2000-loose, dtd. 19/10/2009 conveyed its decision to introduce Urdu Language as an optional subject for class 6th to 8th in hundred identified schools in the State of Himachal Pradesh. Besides above, it was also approved that candidates, who fulfill the qualification as per the R&P Rules notified by the government on 23/10/2009, be appointed as Urdu Teachers purely on period basis in the identified schools. Pursuant to aforesaid policy decision taken by the Government of Himachal Pradesh, petitioners along with other eligible candidates came to be appointed as Urdu Teacher on a fixed honorarium of Rs.70.00 per period and the number of periods were also increased to six weeks per class and as such, they were being paid honorarium Rs.10,800.00 per month. Vide communication dtd. 21/12/2018, Department of Education, Himachal Pradesh, conveyed the approval to bring the services of only qualified period based Panjabi and Urdu Teachers on the contract basis, strictly in accordance with the R&P Rules of each category. Since despite there being aforesaid policy decision taken by the Government of Himachal Pradesh, services of the petitioners were not converted on contract basis, they have approached this court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main relief:

(2.) Having heard learned counsel for the parties and perused pleadings adduced on record by the respective parties, especially reply filed by the State, this court finds that there is no dispute inter-se parties that petitioners were appointed as Urdu Teachers on period basis @ Rs.70.00 per period for teaching Urdu to the students of 6th to 8th class in the year, 2012 as is evident from Annexure P-1. It is also not in dispute that since their initial engagement, vide order dtd. 20/12/2012, petitioners have been regularly rendering their services as Urdu Teacher on period basis in the identified schools. It is also not in dispute that vide communication dtd. 21/12/2018, government has conveyed approval to bring the services of qualified period based Panjabi and Urdu Teachers on the contract basis, strictly in accordance with the R&P Rules of each category.

(3.) The precise grouse of the petitioners, as has been raised in the instant petition, is that action of respondents-State in not converting their services from period basis to contract basis in terms of policy decision taken by the government on 21/12/2018 despite their having served the department for more than ten years, is not justifiable and as such, needs to be rectified in accordance with law. Respondents in their reply to the petition while admitting factum with regard to engagement of the petitioners on period basis have stated that in the year, 2015, Government of Himachal Pradesh has notified R&P Rules for the post of Urdu Teacher providing therein following essential qualifications :