KRISHAN KUMAR Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) THOUGH teaching is the last choice in the job-market, it has become more miserasble as the teachers are deriven repeatedly to take recourse to unwarranted and fruitless litigation. The approach adopted by the Chandigarh Administration to appoint school teachers on contract basis for a specified period on a consolidated amount of remuneration against the regular vacancies and subsequent replacement/substitution of the existing teachers by the new incumbents on the same terms and conditions is once again the subject-matter of adverse criticism though in the past such a practice has been emphatically denunciated in a series of decisions of this Tribunal, High Court and the Apex Court.

(2.) In all the above six O.As., the facts and the points of controversy are by and large the same. The applicants were appointed as Lecturers (PGT), Trained Graduate Teachers, Junior Basic Teachers, Nursery Teachers, P.T.I. (hereinafter called the "school teachers") against the duly sanctioned regular vacancies in various cadres of teachers in schools run and managed by the Administration of U.T. Chandigarh. Instead of making regular appointments in accordance with the provisions contained in the Recruitment Rules i.e. Chandigarh Education Service (School Cadre) (Group 'C') Recruitment Rules, 1991 (for short 'School Cadre Recruitment Rules') as notified on 15th February, 1991, and amended from time to time, a mechanism has been adopted by the Administration to fill up the vacancies by making contractual appointments on fixed term with notional breaks in between including break on account of vacations, on a fixed salary of Rs. 2500 for Lecturers; Rs. 2200 for Trained Graduate Teachers and Rs. 2000 for Junior Basic Teachers. Undoubtedly', all the applicants (except a few) fulfil the requisite qualifications for being recruited as regular School Teachers as contemplated under the School Recruitment Rules. The appointments have been made by the Principal of the concerned School and the remuneration is paid out of the budget allocation of Plan and Non-Plan pursuant to the order dated 28th November, 1997 issued by the Education Department of Chandigarh Administration prescribing the terms and conditions. The School Teachers for such appointment are selected on the basis of the names sent on the requisition to the Employment Exchange or from amongst the candidates who have applied as a result of the advertisement in the Newspapers. All eligible candidates are, thus, given an opportunity to compete and the appointments are made on the basis of the recommendations made by the duly constituted Selection Committees which had interviewed the candidates and determined their merit by evaluating academic attainments and performance at the viva voce test in accordance with a well defined criteria. The appointment is made on contract basis for a particular session on fixed remuneration out of Government Funds. In certain cases, contractual appointment is made for a period of six months which is extended further for six months on the basis of performance with certain artificial breaks. According to the terms and conditions stipulated in letter dated 28th November, 1997, the Teacher appointed on contractual basis; (i) is not to be paid fixed salary for summer vacations and is to stand relieved on 31st of May; (ii) will not be entitled to the benefits as are admissible to other regular/ad hoc employees; (iii) will have no claim on the basis of contractual appointment for ad hoc/regular appointment; (iv) the services were made terminable at any time as and when the regular hand joins without giving prior notice; (v) the period of contractual service will not count towards any leave/increment; and (vi) every appointee is required to furnish an affidavit for not claiming any benefit of the service in the Court. The applicants accepted the above terms and conditions and joined their duties in different disciplines of the concerned school. Some of the applicants have been in service for a number of years with notional breaks including the vacation period. It is understood and accepted at all hands that the contractual appointment is to last till the teachers duly selected in accordance with the School Recruitment Rules are actually appointed against the posts held by the applicants. On this point there is a plethora of decisions of this Tribunal as well as the High Court and Supreme Court, pursuant to which the contract appointees are to be replaced only by the regular appointees recruited by adopting the procedure prescribed under the Recruitment Rules.

(3.) WHAT has irked the applicants and made them to rush to this Tribunal is the alleged ill-conceived advertisement which was issued on August 10, 2002 for preparation of a fresh panel for the year 2002-2003 in respect of the various categories of the school teachers for being appointed on contractual basis with a view to provide as substitutes to replace the applicants. This advertisement has caused flutter and created uncertainty amongst the School Teachers appointed on contractual basis with regard to their future career and prospects. Imbued with a feeling of self preservation and protection, the applicants have invoked the jurisdiction of this Tribunal by filing the present O.As. under Section 19 of the Administrative Tribunal Act, 1985. They have prayed that the conditions and restrictions which have been appended to their contractual appointment may be done away with as the said conditions are not only unjust but harsh and oppressive in nature; that they may be paid the salary at the minimum of the pay scale admissible to the duly selected regular teachers including for the period of vacations; that the respondents be directed to fill up the existing and future vacancies of school teachers on regular basis in accordance with the School Cadre Recruitment Rules and their candidature be also taken into consideration keeping in view the length of service rendered by them; as well as their eligibility and suitability. The applicants have further prayed that the advertisement dated August 10, 2002 inviting fresh applications for empanelment of school teachers for substituting them by the new incumbents on the same terms and conditions governing the contractual appointment be quashed and the respondents be directed to continue the applicants to work as school teachers till such time the regular teachers are appointed under the School Recruitment Rules.