MANMOHAN GAUTAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed as Lecturer Chemistry (School Cadre) under Himachal Pradesh Para -Teachers (Lecturer School Cadre), Para Teachers (T.G.Ts) and Para Teachers (C&V) Policy, 2003 in the Education Department.

(2.) He was posted in Government Senior Secondary School, Diggal, District Solan. He was transferred from Government Senior Secondary School, Diggal, District Solan to Government Senior Secondary School (Girls), Nalagarh on 31.5.2010. Now, the petitioner has been transferred from Government Senior Secondary School (Girls), Nalagarh to Government Senior Secondary School, Sour, District Solan vide office order dated 26.7.2012. Petitioner has been replaced by respondent No.3, who has been appointed Lecturer Chemistry on regular basis vide office order 18.7.2012 (Annexure P -2). Initially, she was posted at Nalagarh against vacancy, however, office order dated 18.7.2012 was modified by issuing corrigendum on 27.7.2012 whereby G.S.S.S.(G) Nalagarh (Solan) was to be read instead of G.S.S.S. Nalagarh (Solan). Petitioner has been appointed in terms of a policy, which is not statutory. Conditions of service of respondent No.3 are governed under the Recruitment and Promotion Rules framed under Article 309 of the Constitution of India.

(3.) IT is, thus, evident that Lecturers (School Cadre), under the policy, are appointed by the Principal of a Senior Secondary School after seeking requisition of the candidates from the nearest Employment Exchange. The employment is restricted to a particular area and it is only if the suitable candidate is not available, names can be requisitioned from the adjoining/and of the District Employment Exchange. The zone of consideration is restricted to a particular area. The Lecturers (School Cadre), who are appointed on regular basis, their conditions of service are to be regulated under the Recruitment and Promotion Rules framed under Articles 309 of the Constitution of India. The candidate appointed as Lecturers (School Cadre) have to fulfill the minimum educational qualification prescribed under the Recruitment and Promotion Rules and thereafter the selection is to be made through the concerned recruitment agency. The teachers appointed regularly are entitled to regular pay scale and they acquire status since they are appointed against a post. Though, the minimum essential educational qualification for appointment as Para Teachers (School Cadre, T.G.Ts and C&V) is as per the criteria prescribed under the Recruitment and Promotion Rules but their engagement is purely temporary for a particular school and for a specific period and on fixed remuneration. The Para Teacher is to be selected by a Committee comprising of Sub Divisional Magistrate, Principal/Head Master of the concerned school and subject expert.