Krishan Lal Parihar and ors. Vs. Krishan Lal Parihar and ors. - Court Judgment

Excerpt:
1. the petition has been filed on the following prayers vide para 7(a) and (b):- “(a) to direct the respondents no. 1 to 3 to take over the adarsh senior secondary school, chandi, tehsil arki, district solan, h.p. alognwith its assets and liabilities including the taking over of the services of the applicants; (b) or in the alternative, the applicants may kindly be ordered to be appointed on special contract basis, in accordance with the policy/instructions of the government of himachal pradesh, dated 5.2.2000 as contained at annexure p-17 supra.” 2. in reply, respondents no. 1 to 3 have taken the following stand vide para 6(b):- “that in reply to this para it is submitted that the govt. of himachal pradesh has upgraded its own govt. high school chandi (arki) to the standard of govt. senior secondary school as is evident from annexure p-8. the govt. has never taken over the privately managed institution i.e. adarsh senior secondary school chandi (arki) and has not taken any type of assets of the said privately managed institution. therefore, question of taking over of services of the applicants does not arise.” 3. the following averments have been set up on behalf of respondent no.4 vide para 3 of the reply on merits:-“that the contents of para-3 of the application are wrong and hence those are denied. the replying respondent has handed over the building , furnitures and fixtures of the adarsh shiksha samiti, chandi (arki) to the respondents no. 1 to 3. it is submitted that the building alongwith furnitures and fixtures has been handed over to the respondents no. 1 to 3 through pradhan gram panchayat, chandi. it is admitted that the demand to up-grade the government high school, chandi was being made since very long from general public. it is also admitted that the people of the area had made the representations through pradhan gram panchayat, chandi to the government of himachal pradesh and also met to the hon’ble chief minister of himachal pradesh about the demand of upgrading the high school, chandi. it is, further submitted that when the said demand had not been considered by the government then the people of the area had constituted a society which has been registered under the name of adarsh shiksha samiti, chandi (arki) to run the classes of +1 & +2 and the said society has been recommended/registered as per the advice of respondents no. 1 to 3.” 4. rejoinders refuting the stand on behalf of respondents and reiterating the averments set up in the petition, have been filed. 5. in supplementary affidavit filed by respondent no.2, in terms of order dated 14.12.2010, it is stated as under vide paras 2 and 3:- “2. that it is submitted that the annexure p-17 dated 05-02-2000 has been perused and it reveled that this annexure pertains to the policy decision taken by the govt. to appoint the teachers/lecturers, c&v (excluding tgts and ministerial staff on daily wages basis) in the privately managed schools in himachal pradesh effected by the up gradation/opening of schools at the same location. 3. that the govt. of himachal pradesh has up graded govt. high school, chandi to the standard of govt. senior secondary school, chandi vide notification dated 31-05-2002 as is evident from annexure p-8, therefore, the name of the petitioners in the letter mentioned in annexure p-17 has not been included which were sent by the directorate to the govt. in the year 1999.” 6. in reply to the supplementary affidavit, the petitioners have averred as under vide paras 2 and 3:- “2. that the contents of para 2 of the supplementary affidavit are denied to the extent that annexure p-17 dated 05-02-2000 exclude ministerial staff on daily wages basis. infact, perusal of annexure p-17 speaks about the appointment on special contract basis of teachers/lecturers, c&v (excluding tgt) and ministerial staff on daily wage basis working in the privately managed schools in h.p. affected by the upgradation/opening of govt. schools at the same locations. it is pertinent to mention here that there were total 538 persons which were affected by the up-gradation/opening of govt. schools at the same locations and out of them 329 persons have been appointed on contract basis which included the ministerial staff also. their services have been regularized now. those persons who have less than three yeas service, they have been left and all other persons affected by the up-gradation/opening of govt. schools at the same locations. they are also entitled for the appointment on special contract as all the petitioners have more than 7 years service in the year 2002, then they were affected by the up-gradation/opening of govt. schools at the same locations. 3. that in reply to this para it is submitted that vide order dated 6th january, 2007 passed by the respondent no.1 similar situated persons of public senior secondary school, sainj distt. mandi were considered for appointments on special contract. they were affected by the up gradation of govt. high school sainj to the senior secondary school. copy of order dated 6th january, 2007 is annexed as annexure p-21. the petitioners are covered by the annexure p-17 dated 05- 02-2000.” 7. in view of the pleadings on behalf of the parties and facts and circumstances of the case, the petition is disposed of with a direction to respondent no.1 to consider the case of the petitioners for appointment on ‘special contract basis’ in accordance with the policy decision taken by the state government in terms of letter dated 6.2.2000, annexure p-17, addressed by the commr. cum secretary (edn.) to the government of himachal pradesh to the director of education, himachal pradesh, at par with similarly situate teachers/staff members of privately managed schools, who were affected by the upgradation/opening of govt. schools at the same locations, in terms of order dated 6.1.2007, annexure p- 21, passed by the secretary (education) to the govt. of himachal pradesh, in pursuance of order dated 5.12.2006, passed by the erstwhile h.p. state administrative tribunal in o.a no. 3484 of 2006, within three months from the date of production of copy of this judgment by the petitioners, after affording an opportunity of being heard to them/their duly authorized representative, if so desired. 8. the petition as also pending cmp(s), if any, stand disposed of in the above terms. copy dasti.

Judgment:

1. The petition has been filed on the following prayers vide para 7(a) and (b):-

“(a) To direct the respondents No. 1 to 3 to take over the Adarsh Senior Secondary School, Chandi, Tehsil Arki, District Solan, H.P. alognwith its assets and liabilities including the taking over of the services of the applicants;

(b) or in the alternative, the applicants may kindly be ordered to be appointed on special contract basis, in accordance with the policy/instructions of the Government of Himachal Pradesh, dated 5.2.2000 as contained at Annexure P-17 supra.”

2. In reply, respondents No. 1 to 3 have taken the following stand vide para 6(b):-

“That in reply to this para it is submitted that the Govt. of Himachal Pradesh has upgraded its own Govt. High School Chandi (Arki) to the standard of Govt. Senior Secondary School as is evident from Annexure P-8. The Govt. has never taken over the privately managed institution i.e. Adarsh Senior Secondary School Chandi (Arki) and has not taken any type of assets of the said privately managed institution. Therefore, question of taking over of services of the applicants does not arise.”

3. The following averments have been set up on behalf of respondent No.4 vide para 3 of the reply on merits:-

“That the contents of para-3 of the Application are wrong and hence those are denied. The Replying Respondent has handed over the building , furnitures and fixtures of the Adarsh Shiksha Samiti, Chandi (Arki) to the Respondents No. 1 to 3. It is submitted that the building alongwith furnitures and fixtures has been handed over to the Respondents No. 1 to 3 through Pradhan Gram Panchayat, Chandi. It is admitted that the demand to up-grade the Government High School, Chandi was being made since very long from general public. It is also admitted that the people of the area had made the representations through Pradhan Gram Panchayat, Chandi to the Government of Himachal Pradesh and also met to the Hon’ble Chief Minister of Himachal Pradesh about the demand of upgrading the High School, Chandi. It is, further submitted that when the said demand had not been considered by the Government then the people of the area had constituted a Society which has been registered under the name of Adarsh Shiksha Samiti, Chandi (Arki) to run the classes of +1 & +2 and the said Society has been recommended/registered as per the advice of Respondents No. 1 to 3.”

4. Rejoinders refuting the stand on behalf of respondents and reiterating the averments set up in the petition, have been filed.

5. In supplementary affidavit filed by respondent No.2, in terms of order dated 14.12.2010, it is stated as under vide paras 2 and 3:-

“2. That it is submitted that the annexure P-17 dated 05-02-2000 has been perused and it reveled that this annexure pertains to the policy decision taken by the Govt. to appoint the teachers/lecturers, C&V (Excluding TGTs and Ministerial staff on daily wages basis) in the privately managed schools in Himachal Pradesh effected by the up gradation/opening of schools at the same location.

3. That the Govt. of Himachal Pradesh has up graded Govt. High School, Chandi to the standard of Govt. Senior Secondary School, Chandi vide notification dated 31-05-2002 as is evident from annexure P-8, therefore, the name of the petitioners in the letter mentioned in annexure P-17 has not been included which were sent by the Directorate to the Govt. in the year 1999.”

6. In reply to the supplementary affidavit, the petitioners have averred as under vide paras 2 and 3:-

“2. That the contents of Para 2 of the supplementary affidavit are denied to the extent that Annexure P-17 dated 05-02-2000 exclude Ministerial staff on daily wages basis. Infact, perusal of Annexure P-17 speaks about the appointment on special contract basis of teachers/Lecturers, C&V (excluding TGT) and Ministerial Staff on daily wage basis working in the privately managed schools in H.P. affected by the upgradation/opening of Govt. schools at the same locations. It is pertinent to mention here that there were total 538 persons which were affected by the up-gradation/opening of Govt. schools at the same locations and out of them 329 persons have been appointed on contract basis which included the ministerial staff also. Their services have been regularized now. Those persons who have less than three yeas service, they have been left and all other persons affected by the up-gradation/opening of Govt. Schools at the same locations. They are also entitled for the appointment on special contract as all the petitioners have more than 7 years service in the year 2002, then they were affected by the up-gradation/opening of Govt. schools at the same locations.

3. That in reply to this Para it is submitted that vide order dated 6th January, 2007 passed by the respondent No.1 similar situated persons of Public Senior Secondary School, Sainj Distt. Mandi were considered for appointments on special Contract. They were affected by the up gradation of Govt. High School Sainj to the senior secondary School. Copy of order dated 6th January, 2007 is annexed as Annexure P-21. The petitioners are covered by the Annexure P-17 dated 05- 02-2000.”

7. In view of the pleadings on behalf of the parties and facts and circumstances of the case, the petition is disposed of with a direction to respondent No.1 to consider the case of the petitioners for appointment on ‘special contract basis’ in accordance with the policy decision taken by the State Government in terms of letter dated 6.2.2000, Annexure P-17, addressed by the Commr. Cum Secretary (Edn.) to the Government of Himachal Pradesh to the Director of Education, Himachal Pradesh, at par with similarly situate teachers/staff members of privately managed schools, who were affected by the upgradation/opening of Govt. schools at the same locations, in terms of order dated 6.1.2007, Annexure P- 21, passed by the Secretary (Education) to the Govt. of Himachal Pradesh, in pursuance of order dated 5.12.2006, passed by the erstwhile H.P. State Administrative Tribunal in O.A No. 3484 of 2006, within three months from the date of production of copy of this judgment by the petitioners, after affording an opportunity of being heard to them/their duly authorized representative, if so desired.

8. The petition as also pending CMP(s), if any, stand disposed of in the above terms. Copy dasti.