REETA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) ORDER Present civil writ petition is filed under Article 226 of the Constitution of India pleaded therein that petitioner passed her matriculation examination from H.P. Board of School Education Dharamshala in the year 1999. It is pleaded that thereafter petitioner passed her Plus two from H.P. Board of School Education Dharamshala in the year 2001 and petitioner passed her degree of Bachelor of Arts from H.P. University in the year 2004 and passed her M.A. from H.P. University in the year 2009. It is further pleaded that thereafter notification was issued by the Government to appoint the teachers under PTA scheme on dated 29.6.2006 and one post of language teacher was lying vacant in Government Senior Secondary School Majheoti Sub Tehsil Nankhari Tehsil Rampur District Shimla H.P. for which Deputy Director (Elementary) gave permission to fill up the vacant post in April 2006. It is further pleaded that as there was no language teacher in the school the PTA decided to appoint the petitioner and passed a resolution on this behalf in May 2006 and thereafter petitioner submitted her joining in Government Senior Secondary School Majheoti Sub Tehsil Nankhari Tehsil Rampur District Shimla H.P. on dated 22.5.2006. It is pleaded that after joining her duties in Government Senior Secondary School Majheoti Sub Tehsil Nankhari Tehsil Rampur District Shimla H.P. grant -in -aid has not been paid to the petitioner till date and thereafter petitioner passed her Prabhakar from H.P. University in April 2007 and as such she is eligible and qualified for release of grant -in -aid since April, 2007. It is pleaded that the Principal did not forward the case of petitioner for release of grant -in -aid and petitioner approached the Deputy Director (Elementary) Shimla for issuing directions to the Principal for sending her case and on receiving instructions from Deputy Director (Elementary) Shimla the Principal of School applied for release of grant -in -aid w.e.f. April 2007 onwards and subsequent reminders were also given but grant -in -aid was not released. It is pleaded that petitioner came to know that grant -in -aid denied to petitioner as per Annexure P -10 which is an order of Principal Secretary (Education) to the Government of Himachal Pradesh dated 26.8.2011 vide order No. EDN -C -E(2)38/11. It is pleaded that denial of grant -in -aid to the petitioner is violation of Article 14 of Constitution of India because similarly situated teachers have been granted grant -in -aid and respondents denied the benefits by violating Article 14 of Constitution of India. It is pleaded that order passed by Principal Secretary (Education) to the Government of H.P. dated 26.8.2011 Annexure P -10 be quashed and grant -in -aid be granted to the petitioner. It is further pleaded that writ of mandamus be issued directing the respondents to absorb the petitioner in Government Senior Secondary School Majheoti Sub Tehsil Nankhari Tehsil Rampur District Shimla H.P. under PTA policy and further direct the respondents for issuance of grant -in -aid and arrears of salary from retrospective effect i.e. from April 2007.

(2.) PER contra reply filed on behalf of respondents Nos. 1 to 3 pleaded therein that Government of H.P. after considering the shortage of staff in various school framed grant -in -aid to Parents Teachers Association Rules 2006 vide notification dated 29.6.2006. It is further pleaded that directions were issued by the Administrative Tribunal in OA No. 2919 of 2006 titled Jasbir Singh and others vs. State of H.P. and in compliance to the directions instructions were issued to all Principals to comply the order passed in OA No. 2919 of 2006 by Hon'ble H.P. Administrative Tribunal. It is pleaded that petitioner was appointed by Parents Teachers Association after passing the resolution on dated 22.5.2006 purely on remuneration of Rs. 1200/ - per month to be paid from PTA fund prior to the notification of grant -in -aid Rules without following procedure. It is pleaded that petitioner is not at all entitled for grant -in -aid since the petitioner was appointed without completing codal formalities i.e. without advertisement of post and without conducting the interview. It is pleaded that no grant -in -aid is released to similarly situated persons appointed by School Management Committee in contravention of Rules. It is pleaded that the petitioner was not eligible for the post till dated 31.12.2009 as prior to dated 31.12.2009 the minimum qualification was Honours in Hindi with Matric and L.T. training from recognized University. It is pleaded that the petitioner was not legally eligible for appointment as language teacher as per Recruitment and Promotion Rules. It is further pleaded that grant -in -aid to PTA teachers would not be admissible to the teachers who did not fulfill the education qualification fixed by the Government in respect of particular post. It is pleaded that petitioner has no cause of action and prayer for dismissal of petition sought.

(3.) FOLLOWING points arise for determination in this civil writ petition: -