HARBANS SINGH & ORS Vs. STATE & ORS

JUDGEMENT

(1.) Petitioners, who have been engaged on contractual basis as 10+2 Lecturers in School Education Department by virtue of various Government orders, have approached this Court seeking the following relief: Commanding the respondents not to replace/substitute the petitioners by any set of contractual appointee or temporary appointee.

(2.) Contention of the petitioners is that they are still working as Lecturers on contractual basis in their respective institutions with their dedication and to the satisfaction of the head of Institutions and have the requisite experience to impart education to the students. They further state that they are engaged as 10+2 lecturers on contractual basis, and have undergone the process and qualified the same, as such, are willing to continue their services as 10+2 lecturers in their respective schools under consolidated salary unless and until the vacancy occupied by the petitioners is filled by regular selection or by transfer of any permanent employee. They, further submit they have been continuing on academic arrangement but have been given understanding that they will be replaced or substituted by another contractual/temporary appointee and the respondents are resorting to policy of hire and fire. Petitioners further state that since the petitioners are working continuously and uninterruptedly against clear vacancies of the post of Lecturers in their respective disciplines in the different Government Higher Secondary Schools pursuant to their appointment orders and as such, their replacement or substitution by other contractual lecturers would be arbitrary, unjust, irrational and contrary to the provisions of Article-14 & 16 of the Constitution of India.

(3.) Per Contra, Mr. Gupta, learned Additional Advocate General appearing on behalf of the respondents, states that the petitioners were engaged temporarily on academic arrangement basis in 10+2 Schools only for session 2018-19 Winter Zone in Ramban pursuant to Government Order No.1346-Edu of 1998 dated 16.06.2018 under various orders of the Chief Education Officer, Ramban. This temporary engagement was made by the CEO, Ramban on approval of the Selection Committee on the basis of their merit. Their engagement orders, as annexed with petition, clearly state that:-