JASWANT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONERS were engaged as T.G.T. (Non -Medical), P.E.T., Drawing Master and Peon in Adarsh Middle School, Ghumarwin, District Bilaspur with effect from 1.4.1993, 1.12.1995, 1.9.1997 and 1.10.1995, respectively. State has taken a conscious decision to take over all the 95% getting grant -in -aid schools as on 1.4.2012. Consequently, petitioners' services have also been taken over by the State Government. According to the petitioners, they have not been released grant -in -aid towards their salary with effect from April, 2010 to September, 2012.

(2.) ACCORDING to the reply filed, grant -in -aid is regulated under 95% Grant -in -Aid Rules, 1997. The institution should have at least 60 children in Primary Classes and not less than 150 combined with Primary and Middle Classes in the age group of 6 -14 years, 200 upto High School level and 350 upto Senior Secondary level. The strength of Adarsh Middle School, Ghumarwin, District Bilaspur was less than the prescribed strength, i.e. 46 for the year 2010 -11, 43 for the year 2011 -12 and 49 for the year 2012 -13. Petitioners have placed on record Annexure P -5 whereby B.R.M.P. Senior Secondary School, Garan. P.O. Gurial Tehsil Nurpur, District Kangra was released grant -inaid though the strength of the school was less than the prescribed limit as per 95% Grant -in -Aid Rules, 1997. Petitioners have specifically averred in the rejoinder that 17 schools in the year 2011 were granted relaxation as per Annexure P -6 and the teaching and non -teaching staff was paid salary through grant -in -aid. Petitioners were also appointed in Adarsh Middle School, Ghumarwin. The school was 95% aided school. The Adarsh Middle School, Ghumarwin could not be discriminated against by the respondents by relaxing the norms only for B.R.M.P. Senior Secondary School, Garan and 17 other schools, as per the details given in Annexure P -6. Petitioners were similarly situate vis - -vis persons working in the B.R.M.P. Senior Secondary School and 17 other schools, where the students strength was reduced due to various reasons. The action of the respondents not to release the grant -in -aid to Adarsh Middle School, Ghumarwin is thus, arbitrary and unreasonable besides, being discriminatory.

(3.) ACCORDINGLY , the writ petition is allowed. Respondents No.1 to 3 are directed to release salary (grnatin -aid), qua the petitioners, with effect from April, 2010 to September, 2012, if necessary, by relaxing the norms, within a period of four weeks from today. Pending application(s), if any, also stands disposed of. There shall, however, be no order as to costs.