The Supreme Court on Friday upheld the decision of the Himachal Pradesh high court order thus paving the way for regularisation of around 15,000 parent-teacher association (PTA), primary assistant teacher (PAT), and para teachers.
The orders were passed on civil appeals filed by Chander Mohan Negi and others against the order of the high court.
The case pertains to the appointment of teachers made by the state government under Prathmik Sahayak Adhyapak/PAT Scheme; the HP para teachers (lecturer school cadre), para teachers (TGT’s) and para teachers (C&V) policy of 2003 and the Himachal Pradesh Gram Vidya Upasak Yojna, 2001.
In its orders, the division bench comprising Justice Mohan M Shantanagoudar and Justice R Subhash Reddy observed that it is true that in the initial schemes notified by the government there was a condition that such appointees should not seek regularisation/absorption but at the same time for no fault of them, they cannot be denied regularisation/absorption.
It is in view of the requirement of the state, their services were extended from time to time and now all the appointees have completed more than 15 years of service.
{{/usCountry}}It is in view of the requirement of the state, their services were extended from time to time and now all the appointees have completed more than 15 years of service.
{{/usCountry}}Further, it is also to be noted that though appointment schemes were notified as early as in 2003, nobody questioned such policies and appointments up to 2012 and 2013.
A writ petition was filed in 2012 without even impleading the appointees as party respondents. In the writ petition, there was no rejoinder filed by the writ petitioners disputing the averments of the state as stated in the reply affidavit.
“Having regard to nature of such appointments, appointments made as per policies cannot be termed as illegal,” said the SC Bench.
Chief minister Jai Ram Thakur hailed the SC order said that the state government was already giving these teachers a pay scale equivalent to the regular teachers.
“However, regularisation could not be done as the matter was pending in the SC. The government will study the verdict and tread on the issue accordingly,” said Thakur.
Meanwhile, education minister Suresh Bhardwaj said that the process for the regularisation of teachers will be started after the lockdown is over.