CHANDER KANTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in all the writ petitions, these were taken up together for hearing and are being disposed of by this common judgment. However, in order to maintain clarity, the facts of C.W.P. No. 4039 of 2011 have been taken into consideration. C.W.P. No. 4039 of 2011.

(2.) PETITIONER was appointed as J.B.T. teacher on contract basis in the year, 1998. Her services were regularized as J.B.T. teacher on 01.01.2007. Respondent -State has framed the rules under Article 309 of the Constitution of India called 'The Himachal Pradesh, Education Department Class -III (School and Inspection Cadre) Services Rules, 1973. These rules were notified on 28th December, 1973. According to these rules, the post of T.G.T. was to be filled up from the cadre of J.B.Ts., i.e., 75% by direct recruitment and 25 % by way of promotion. The essential educational qualification was graduation in the subjects concerned from a recognized University with Post - graduate degree/diploma in teaching education. The minimum two years regular service was required for being considered for the post of J.B.T. from the feeder cadre of J.B.T. Medical/Non - Medical. The respondent -State has framed the rules under Article 309 of the Constitution of India called "The Himachal Pradesh, Elementary Education Department, Trained Graduate Teacher (Class -III (Non -Gazetted) Recruitment and Promotion Rules, 2009. These rules were duly notified on 22.10.2009. According to these rules, the post of T.G.T. is to be filled up 25% by promotion, 15% from J.B.Ts., 10% from C&Vs. and 75% by direct recruitment on regular basis or recruitment on contract basis, as the case may be in the following manners:

(3.) PETITIONER No. 1 was appointed as Vidya Upasak on 06.06.2000. Petitioner No. 2 was appointed as Vidya Upasak on 04.08.2000 and petitioner No. 3 was appointed as Vidya Upasak on 01.09.2000. Their services have been regularized on 22.11.2007. C.W.P. No. 4545 of 2011 -E