Decided on July 15,1991

STATE OF H.P. Respondents


M.G.CHITKARA MEMBER J. - (1.) The applicant, Shri Joginder Singh Shastri a permanent resident of village Mandhol, Tehsil Jubbal District Shimla has filed the present application under section 19 of the Administrative Tribunals Act, 1985 challenging the action of the respondents mainly respondents 1 and 2, Secretary (Education) to the Government of Himachal Pradesh, Shimla and Director of Education. H. P,, Shimla who while taking over of Dr. Y. S Parmar Memorial High school, Gaura, District Solan did not absorb the applicant as Shastri Teacher in the Education Department.
(2.) The brief relevant facts of the case as they emerges from the application are as follows : "The applicant is a matriculate from the Himachal Pradesh Board of School Education securing 1st division during the year 1973. He successfully passed the Shastri examination from the Himachal Pradesh University, Shimla during the sessions year 1978 -79. He also passed Vyakaran Acharya from Himachal Pradesh University in second division during the year 1981 -82. The applicant who is a permanent resident of village Mandhol, an interior of Himachal Pradesh, in search for job got his name registered in the Employment Exchange, Solan and was appointed as Shastri Teacher on May 3, 1981 and he joined his duties on May 5, 1981 It was the applicant alone who appeared in the interview and was selected on a salary in the pay scale of Rs. 570 -1080. The aforesaid private school was recognised with effect from May 3, 198! vide office order dated August 18, 1986 issued by the Director of Education, Himachal Pradesh, Shimla. immediately thereafter the school was taken over on September 12, 1986 but the applicant was not absorbed in Government service and as such he was left with no other option but to file the present application for redressal of his grievance."
(3.) It is forcefully argued by Shri K D. Shreedhar, the learned Counsel for the applicant, that action of the State Government in not absorbing the applicant in Government service on taking over of the Dr. Y. S Parmar Memorial High School, Gaura, District Solan was arbitrary. He submitted that the action of the respondents 1 and 2 is discriminatory and violative of Articles 14 and 16 of the Constitution of India inasmuch as, three Shastri Teachers namely, S/Shri Udey Prakash, Madan Chand and Manohar Lai were given employment and were absorbed in Government service when Middle Schools, Kotla, Bhararighat and Rajpura were taken over by the State, where the aforesaid Shastri Teachers were serving at the relevant time in the aforesaid private institutions but the applicant is not given employment and is not absorbed and as such the action of the State Government is discriminatory.;

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