ANJU BALA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners by this petition, under Articles 226 and 227 of the Constitution of India, pray for the issuance of Special JBT Certificate as contemplated under the provisions of Himachal Pradesh Education Code. They further pray that respondents No. 4 and 5 i.e. the Cantonment Board Yol Cantt through its Cantonment Executive Officer and the Headmaster, A.F. Cantonment Board high School, Yol, may be directed to regularise the services of the petitioners at par with JBT Teachers from the date of award of Special JBT Certificate and consequential benefits of pay including arrears and increments.

(2.) The admitted facts are: The petitioners were in employment as Volunteer teachers in the A.F. Cantonment Board High School, Yol. This School is managed by the Cantonment Board Yol Camp in the district of Kangra at Dharamshala. The petitioners joined this school on 17th November, 1988 and completed ten years of continued service in the year 1998.

(3.) Chapter VIII of the Himachal Pradesh Education Code provides for the grant of Teachers Special Certificates. Clause 145 of the Code under chapter VIII, provides that JBT Special Certificate may be granted to teachers who have put in approved continuous service in Primary Department of a recognised school for not less than 10 years and have attained the age of 35 years on the day of submission of application. The awardee, it further provides, should have at least passed the Middle Standard Examination and he/she should be a teacher of good moral character duly certified by the head of the office. Clause 145 of the Code reads: "145 JBT Special Certificate may be granted to teachers who have put in approved continuous service in Primary Department of a recognized school for not less than 10 years and have attained the age of 35 years on the day of submission of application. The awardee should have at least passed the Middle Standard Examination and he/she should be a teacher of good moral character duly certified by the head of the office."