FAQUIR CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Appellants had been appointed as ad hoc trained graduate teachers in a Government High School in the year 1984. In the year 1995, services of ad hoc teachers were regularized. The policy of regularization provided that only those teachers would be regularized, who possessed the minimum prescribed qualifications for the post of Trained Graduate Teachers (TGTs). It may be stated that Petitioners were appointed as TGTs on ad hoc basis. Petitioners did not fulfill the requisite qualification for appointment as TGTs inasmuch as, they had not passed examination of English subject upto B.A. level. There were several other ad hoc TGTs, who too did not fulfill the condition of prescribed qualification. So, the government relaxed the policy of regularization in case of such teachers, subject to certain conditions, and one of the conditions was that they shall not be entitled to future increments, untill they passed the examination upto B.A. level in English subject. In relaxation of the scheme, Petitioners services were regularized, vide order dated 31st October, 1995, subject to the aforesaid condition.

(3.) Petitioners filed writ petition in this Court, seeking issuance of a direction to the Respondents to release annual increments, even though they had not passed the examination in English. That writ petition has been dismissed, vide impugned order dated 19th July, 2010, with the reasoning that since the regularization of the services of the Petitioners was subject to the condition that they will not be entitled to future increments untill they passed B.A. examination in English and they having not passed such examination are not entitled to increments.