LAWS(HPH)-2015-1-39

KHEM RAJ Vs. STATE OF HIMACHAL PRADESH

Decided On January 02, 2015
KHEM RAJ Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) PETITIONER No. 1 and 2 are working as lecturers in the Education Department. Petitioner No. 3 to 18 are working as TGT and petitioners No. 19 and 20 are working as PET and Art and Craft teacher, respectively. Petitioners were working in various Government aided schools before their appointment. A proposal was made out vide letter dated 20.7.2011 to take over the teaching/non -teaching staff of 95% government aided schools. According to annexure P -2, different yardsticks were adopted i.e. A and B, to take over existing 95% government aided schools where management was willing to transfer the schools alongwith movable assets to the State and such schools where management was unwilling to handover the schools. Para -A(3) reads as under:

(2.) IN sequel to letter dated 20.7.2011, Secretary Education sent a communication to the Director Higher Education on 21.4.2012. Text of the letter reads as under:

(3.) A decision was taken to take over 95% aided staff of three different schools i.e. F.D. Sr. Sec. School, Mandmiani, Distt. Kangra, 2. BLB Memorial Sr. Secondary School, Palampur, Distt. Kangra and 3. VNM Sr. Sec. School, Raja -ka -Talab Distt. Kangra as per policy issued vide letter dated 20.7.2011. The teachers of these schools were appointed vide annexure P -5 and P -6. Their pays were also fixed as per annexure P -7, P -8, P -9, P -10 and P -11.