KULWANT SINGH Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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Ajay Mohan Goel, J. -
(1.)By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
(i) "That the impugned rejection order contained in Annexure P-11 dated 3.4.2017 may kindly be quashed and set aside.
(ii) That the respondents may kindly be directed to consider the case of the petitioner for regularization in the same capacity under which he is working since 2005 with all consequential benefits.
(iii) That the case of the petitioner may kindly be considered in the light of judgment passed by this Hon'ble Court.
(iv) That further the respondents may be directed to grant in aid to the petitioner and further the respondents may be restrained from dispensing of the services of the petitioner till his regularization.
(v) That further the respondents may also liable to forward the case of the petitioner for regularization within time bound period as provided in the policy for grant in aid."
(2.)The case of the petitioner is that he was initially appointed as Computer Teacher in the then GHS Tatehal, District Kangra, H.P., on 03.06.2005, vide Annexure P-1, referred to in the petition as GSSS Tatehal as subsequently the School was upgraded. His salary was Rs.1,000/- per month. He continued to serve, as such, till the month of March, 2013, when his services were dispensed with on the appointment of regular incumbent. His contention is that he has a right to be regularized against the post in issue and he also has a right to be received grant-in-aid by setting aside the impugned rejection order dated 03.04.2017.
(3.)Though, during the course of arguments, learned counsel for the petitioner has not pressed the relief for regularization, however, he has argued that as the petitioner served in the School after he was appointed by the Parents Teachers Association in the School concerned against the post of Computer Teacher, the act of denying grant-in-aid to him from 03.06.2005 till he served as such, is arbitrary and accordingly, learned counsel has submitted that this writ petition be allowed by directing the respondents to pay grantin-aid to the petitioner for the period, he served as Computer Teacher.
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