PYAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was appointed Primary Assistant Teacher (hereinafter referred to as P.A.T. for short) in Government Primary School, Kathla vide appointment letter dated 4.11.2006. He submitted his joining on 8.11.2006. The contract was renewed from time to time but respondent No.6 has now refused to renew the agreement for the academic session 2012-2013. Petitioner's brother has lodged F.I.R. against respondent No.6 bearing F.I.R. No. 15/2011 for offences punishable under sections 420, 406 and 409 of the Indian Penal Code. Respondent No.6 has also lodged F.I.R. against the petitioner bearing F.I.R. No. 31 of 2012 for offences punishable under sections 341, 323, 504, 506 read with sections 147 and 149 of the Indian Penal Code on 27.3.2012 of Police Station, Swarghat. Reason assigned by respondent No.6 for not renewing the agreement is the registration of F.I.R. against the petitioner.

(2.) The appointment to the post of P.A.T. is regulated under the notification issued on 27.8.2003. According to sub-clause (d) of clause 5, the P.A.T. is recruited initially for a period of one academic session by the respective Gram Panchayat of the area in which the Primary School is located after observing the procedure laid down in Annexure-1 of the scheme. According to sub clause (e) of clause 5, the P.A.T. is to be treated an employee of the Gram Panchayat for all intents and purposes. The Services of the P.A.T. are to be utilised by the Gram Panchayat in the Government Primary School against the vacancy separately allocated for the purpose as per sub-clause (f) of clause 5 of the scheme. According to sub-clause (g) of clause 5, the contract will ordinarily be renewed by the concerned Gram Panchayat for further period unless withheld for the reasons to be recorded in writing in accordance with the conditions of the scheme. According to sub-clause (j) of clause 5 of the scheme, the services of the P.A.T. can be terminated in the following manner:

(3.) According to Annexure-I of the scheme, the Gram Panchayat has the right to remove from service the P.A.T. at any stage for reasons to be recorded in writing and with one month's notice, for breach of condition of contract. It is evident from the scheme that the contract is ordinarily to be renewed by the concerned Gram Panchayat each year and thereafter it is required to be ratified by the Gram Sabha in the next general meeting. The services of the P.A.T. can be terminated by issuing notice by the Gram Panchayat if he is found to be prima facie guilty of any insubordination, moral turpitude, unauthorized absence or other misconduct or any breach or non-performance of any of the previsions of the scheme, or is otherwise found unsuitable for the efficient performance of his/her duties on the specific recommendation and report of the authorised officer of Primary Education Department. The incumbent is also entitled to one month remuneration in lieu of month notice.