IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 14074 of 2008 Decided on : 30.05.2011 Ravinder Singh …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Petitioner : Mr. Ashwani K. Sharma, Advocate. For the Respondents : Ms. Ruma Kaushik, Additional Advocate General, for respondents No.1 to 6. Kuldip Singh, Judge (Oral) The petitioner in the petition has prayed mainly the following reliefs:- (i) That the respondents be directed to allow the applicant to continue as Para Teacher in the concerned school, i.e. GMS, Gawanoo, Distt. Sirmaur, H.P. (ii) That the respondents may be directed to pay the applicant the arrears of his salary with effect from June, 2006 with interest 12% P.A. with all consequential benefits. (iii) That any other relief deemed proper in the circumstances may also be granted to the applicant. 2. The brief facts of the case are that the petitioner was selected as Para Teacher (TGT,NM) for appointment in Govt. Middle School, Gawanoo under complex Govt. High School, Bhatgarh. 2 The petitioner submitted his joining to the Headmaster Govt. High School, Bhatgarh on 20.5.2004. It has been stated that Para Teacher Policy framed by the State was challenged in the High Court and thereafter the matter went upto the Supreme Court. The respondent No.2 in this context took the stand that Para Teachers appointed under the Policy may be allowed to continue till further orders. 3. It has been stated that the post of TGT (NM) was lying vacant in Govt. Middle School, Gawanoo when the order for appointment of the petitioner was issued inasmuch as respondent No.7, who was appointed in that school on regular basis was on deputation as Block Resource Coordinator. In 2006, respondent No.7 was repatriated from Sarv Shiksha Abhiyan as Block Resource Coordinator and he submitted his joining. On this ground, the Headmaster, Govt. Middle School, Gawanoo stopped the salary of the petitioner and prevented him from marking his attendance in the Register. 4. The petitioner made representation to Deputy Director (Education), District Sirmaur but respondents did not take appropriate action in compliance to the order dated 31.3.2005 passed by respondent No.2. It has been stated that the action of respondent No.5 for not complying the order dated 31.3.2005 of respondent No.2 is wrong, illegal. The petitioner was appointed against the post which was lying vacant and, therefore, on repatriation of respondent No.7, who was on deputation with Sarv Shiksha Abhiyan, the petitioner could not be thrown out in view of office order dated 31.3.2005. 3 5. The petition has been contested by respondents No.1 to 6 by filing reply. It has been stated that Rajinder Singh, TGT (NM) posted at Govt. Middle School, Gawanoo was posted on secondment basis in Sarv Shiksha Abhiyan and on the vacant post the petitioner was appointed as Para Teacher in Govt. Middle School, Gawanoo under Para Teacher Policy, 2002. Rajinder Singh while working in Sarv Shiksha Abhiyan as Block Resource Coordinator was repatriated from SSA and was ordered to be transferred. On repatriation of regular teacher, the services of the petitioner automatically stood terminated. In these circumstances, the Headmaster of the concerned school has rightly refused to mark the attendance to the petitioner in the school w.e.f. 21.6.2006. 6. The respondent No.7 has also filed reply and has stated that he joined at Govt. Middle School, Gawanoo and worked as such till 14.5.2003. Thereafter, he was deputed as Block Resource Coordinator under Sarv Shiksha Abhiyan at Surla Block and joined the same on 15.5.2003. In June 2006 he was repatriated to his parent Department and ordered to be posted at Govt. Middle School, Dhaun under complex Rama and he joined on 20.6.2006 with the Headmaster,Govt. High School, Rama. 7. I have heard the learned counsel for the parties. On 19.4.2011 on instructions received, the learned Additional Advocate General had stated that a post of Para Teacher is lying vacant in Govt. Middle School, Gawanoo under complex Govt. High School, Bhatgarh. 8. The dispute involved in the present case is very short. It is the stand of the Department that the petitioner was appointed as 4 Para Teacher in Govt. Middle School, Gawanoo on the condition that on repatriation of regular teacher, his appointment as Para Teacher shall stand automatically terminated. The Department has taken the stand that Rajinder Singh, respondent No.7 was appointed as Block Resource Coordinator in Sarv Shiksha Abhiyan. On the post vacated by Rajinder Singh respondent No.7, the petitioner was appointed as Para Teacher (TGT,NM). The respondent No.7 was repatriated and on his repatriation in terms of the appointment of petitioner, his services stood automatically terminated. 9. The respondent No.7 in his reply has stated that on repatriation, he was posted at Govt. Middle School, Dhaun under complex Rama and he joined as such on 20.6.2006 whereas the petitioner was appointed in Govt. Middle School, Gawanoo under complex Bhatgarh. On repatriation of respondent No.7, it cannot be said that respondent No.7 came on the post occupied by petitioner at Govt. Middle School, Gawanoo. It has come on record that the post of Para Teacher is still lying vacant at Govt. Middle School, Gawanoo. In these circumstances, the petitioner has made out a case for allowing the petition. 10. In view of above discussion, the decision of the Department not to continue the services of the petitioner on or after 21.6.2006 is not sustainable and is declared to be wrong and illegal. The respondents No.1 to 3, 5 and 6 are directed to engage the petitioner as Para Teacher in Govt. Middle School, Gawanoo under complex Govt. High School, Bhatgarh with all consequential service benefits except actual wages till reengagement in two weeks from 5 the date of supply of copy of this judgment by the petitioner to the competent authority. The petition is disposed of on above terms. ( Kuldip Singh ), May, 30, 2010. Judge. (GR)