CWP-13591-1997(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA 105/2 SAMPURAN SINGH AND OTHERS STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR Present: Mr. Salil Dev Singh Bali Ms. Simmy, Advocate Mr. Krishan K. Chahal, Additional A. G., Haryana. Mr. Rajesh Gaur, Advocate for respondent no.4. TRIBHUVAN DAHIYA The petition has been filed seeking a writ of the respondents to regularise the petitioners’ services as Teacher them consolidated salary in 2. At the outset, learned counsel for the petitioners contends that the petition survives only no.2/Gurcharan Singh 3. As per facts of the case in br Voluntary Teachers on consolidated salary of 07.10.1994 and 01.12.1994 Board/Agency, Ambala, employed youths) should be appointed in Government Primary Schools for providing basic education to children which were not connected by roads and The petitioners were accordingly they were recommended to the Education Department for absorption as regular teachers on sympathic ground, vide letter dated 26.06.1995 1997(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SAMPURAN SINGH AND OTHERS Versus HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Salil Dev Singh Bali, Advocate with Ms. Simmy, Advocate for the petitioners Mr. Krishan K. Chahal, Additional A. G., Haryana. Mr. Rajesh Gaur, Advocate for respondent no.4. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed seeking a writ of respondents to regularise the petitioners’ services as Teacher them consolidated salary in terms of their appointment. At the outset, learned counsel for the petitioners contends that the petition survives only qua petitioner no.2/Gurcharan Singh through his legal representatives. As per facts of the case in brief, the petitioners were appointed as Voluntary Teachers on consolidated salary of 07.10.1994 and 01.12.1994. A decision taken by /Agency, Ambala, that local Voluntary Teachers (educated un employed youths) should be appointed in Government Primary Schools for providing basic education to children in remote hill area which were not connected by roads and lacked The petitioners were accordingly engaged on recommended to the Education Department for absorption as regular teachers on sympathic ground, vide letter dated 26.06.1995 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13591-1997(O&M) Decided On: 01.04.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA , Advocate with for the petitioners. Mr. Krishan K. Chahal, Additional A. G., Haryana. Mr. Rajesh Gaur, Advocate for respondent no.4. The petition has been filed seeking a writ of mandamus directing respondents to regularise the petitioners’ services as Teachers, and release terms of their appointment. At the outset, learned counsel for the petitioners contends that the no.1/Sampuran Singh and legal representatives. ief, the petitioners were appointed as Voluntary Teachers on consolidated salary of ₹1000 per month, on decision taken by the Shivalik Development that local Voluntary Teachers (educated un- employed youths) should be appointed in Government Primary Schools for in remote hill areas of the districts lacked other infrastructure as well. on the consolidated salary. Later, recommended to the Education Department for absorption as regular teachers on sympathic ground, vide letter dated 26.06.1995, Annexure directing , and release At the outset, learned counsel for the petitioners contends that the no.1/Sampuran Singh and ief, the petitioners were appointed as on Shivalik Development - employed youths) should be appointed in Government Primary Schools for of the districts as well. Later, recommended to the Education Department for absorption as , Annexure Aman Dua 2025.04.09 19:30 I attest to the accuracy and authenticity of this judicial document CWP-13591-1997(O&M) P-2, and other However, the petitioners were never absorbed on the consolidated monthly salary of per month with effect from by this Court on the same day. 4. In this factual background, learned counsel for the petitioners has contended that the petitioners more than thirty years referred to a letter dated these two petitioners were specifically recommended for keeping in view students in remote hill areas. as under: both these aforementioned teachers is being forwarded. In case these teachers are regularised then the students in the village would continue on regular basis and there would be no obstacle in the ed the below mentioned schools which are in mountain regions and there is no transport approach to reach the schools: 5. Learned counsel for the respondents/Agency, on the contrary, contends that the petitioners are voluntary teachers 1997(O&M) -2- , and other communications, Annexures P However, the petitioners were never absorbed, on the consolidated monthly salary of ₹1000, which was enhanced to with effect from 01.05.2017, in terms of interim directions issued by this Court on the same day. In this factual background, learned counsel for the petitioners has contended that the petitioners have been working in the Agency more than thirty years, and have a right to be regularised in service. He has referred to a letter dated 18.04.2006, Annexure A two petitioners were specifically recommended for keeping in view the voluntary service rendered remote hill areas. The relevant part of the recommendation reads As per the appointment letter the regularisation case of both these aforementioned teachers is being forwarded. In case these teachers are regularised then the students in the village would continue on regular basis and there would be no obstacle in the education of the children. These teachers the below mentioned schools which are in mountain regions and there is no transport approach to reach the schools: 1. Sh. Gurcharan Singh son of Khol Fateh Singh Branch Khol Mola Shri Sita Singh Qualifications B.A. Giani 2. Sh. Sampuran Singh s/o --- Pura Branch Basole Shri Chanan Singh Qualification Matric, +2 Learned counsel for the respondents/Agency, on the contrary, contends that the petitioners cannot be considered for regularisation teachers. They have been paid remuneration communications, Annexures P-3 and P-4, respectively. , and continued working as such , which was enhanced to ₹5000 , in terms of interim directions issued In this factual background, learned counsel for the petitioners has working in the Agency for the last right to be regularised in service. He has , Annexure A-2, whereby the cases of two petitioners were specifically recommended for regularisation, the voluntary service rendered by them, and in the interest of The relevant part of the recommendation reads As per the appointment letter the regularisation case of both these aforementioned teachers is being forwarded. In case these teachers are regularised then the students in the village would continue on regular basis and there would be no obstacle ucation of the children. These teachers are working in the below mentioned schools which are in mountain regions and there is no transport approach to reach the schools: Sh. Gurcharan Singh son of --- Govt. Primary School Khol Fateh Singh Branch Khol Mola Shri Sita Singh Qualifications B.A. Giani --- Govt. Primary School Prem Shri Chanan Singh Qualification Matric, +2 Learned counsel for the respondents/Agency, on the contrary, cannot be considered for regularisation as they hey have been paid remuneration from time to time , respectively. and continued working as such 5000 , in terms of interim directions issued In this factual background, learned counsel for the petitioners has for the last right to be regularised in service. He has , whereby the cases of , n the interest of The relevant part of the recommendation reads As per the appointment letter the regularisation case of both these aforementioned teachers is being forwarded. In case these teachers are regularised then the students in the village would continue on regular basis and there would be no obstacle are working in the below mentioned schools which are in mountain regions and Govt. Primary School Govt. Primary School Prem Learned counsel for the respondents/Agency, on the contrary, as they from time to time Aman Dua 2025.04.09 19:30 I attest to the accuracy and authenticity of this judicial document CWP-13591-1997(O&M) as a special measure any future responsibility. The specific reply is to the f 4 to 7 Shivalik Development Board held on 08.01.1996 at Chandigarh under the Chairmanship of the then Chief Minister, Haryana, Sh. Bhajan Lal teachers including the petitioners from the funds of Shivalik Development Agency, Ambala and also resolved it would not, however, be liability of the Shivalik Development Agency, Ambala in future and the Education Department of Haryana would pr of arrears of salary was made as one time. The relevant extract of the minutes of the 6 Board held on 08.01.1996 and minutes of meeting held on 14.02.1996 are at It is further to add that 7 Board under the Chairmanship of Ch. Bansi Lal, Chief Minister, Haryana was held in Chandigarh and it was resolved that the honorarium of 4 volun released for the period upto 31.03.1997 from the funds of the Shivalik Development Agency, Ambala. It has also been mentioned that there is a Scheme for filling up vacant post Teachers in Morni/Mewat and the petitioners can be having its aims and objectives for overall integrate semi-hilly areas comprising Naraingarh blocks of District Yamuna Nagar (earlier District Ambala). This integrated development is to take place in the field of agriculture, herbal plantation, education, public hea management, 1997(O&M) -3- as a special measure vide separate resolutions any future responsibility. The specific reply is to the f 4 to 7 …..It is further to add that in the 6 Shivalik Development Board held on 08.01.1996 at Chandigarh under the Chairmanship of the then Chief Minister, Haryana, Sh. Bhajan Lal which was decided to pay the arrears of teachers including the petitioners from the funds of Shivalik Development Agency, Ambala and also resolved it would not, however, be liability of the Shivalik Development Agency, Ambala in future and the Education Department of Haryana would provide teachers in their place in future and this payment of arrears of salary was made as one time. The relevant extract of the minutes of the 6th meeting of the Shivalik Development Board held on 08.01.1996 and minutes of meeting held on 14.02.1996 are attached herewith as Annexures R/4/2 and R/4/3. It is further to add that 7th meeting of the Shivalik Development Board under the Chairmanship of Ch. Bansi Lal, Chief Minister, Haryana was held in Chandigarh and it was resolved that the honorarium of 4 voluntarily teachers including the petitioner be released for the period upto 31.03.1997 from the funds of the Shivalik Development Agency, Ambala. It has also been mentioned that there is a Scheme for filling up vacant post Morni/Mewat areas, framed by Director and the petitioners can be adjusted therein. The Agency is a registered having its aims and objectives for overall integrate hilly areas comprising Morni, Pinjore, Barwala, Rai Naraingarh blocks of District Yamuna Nagar (earlier District Ambala). This integrated development is to take place in the field of agriculture, herbal plantation, education, public health, buildings and roads, irrigation watershed management, banking tourism, poultry, animal husbandry and wild life etc. resolutions which absolved the Agency of any future responsibility. The specific reply is to the following effect: t is further to add that in the 6th meeting of the Shivalik Development Board held on 08.01.1996 at Chandigarh under the Chairmanship of the then Chief Minister, Haryana, Sh. which was decided to pay the arrears of voluntarily teachers including the petitioners from the funds of Shivalik Development Agency, Ambala and also resolved it would not, however, be liability of the Shivalik Development Agency, Ambala in future and the Education Department of Haryana ovide teachers in their place in future and this payment of arrears of salary was made as one time. The relevant extract of meeting of the Shivalik Development Board held on 08.01.1996 and minutes of meeting held on tached herewith as Annexures R/4/2 and R/4/3. meeting of the Shivalik Development Board under the Chairmanship of Ch. Bansi Lal, Chief Minister, Haryana was held in Chandigarh and it was resolved that the tarily teachers including the petitioner be released for the period upto 31.03.1997 from the funds of the Shivalik Development Agency, Ambala. It has also been mentioned that there is a Scheme for filling up vacant posts of framed by Director, Secondary Education, adjusted therein. The Agency is a registered Society having its aims and objectives for overall integrated development of hilly and Morni, Pinjore, Barwala, Raipur Rani and Naraingarh blocks of District Yamuna Nagar (earlier District Ambala). This integrated development is to take place in the field of agriculture, herbal th, buildings and roads, irrigation watershed banking tourism, poultry, animal husbandry and wild life etc. the Agency of meeting of the Shivalik Development Board held on 08.01.1996 at Chandigarh under the Chairmanship of the then Chief Minister, Haryana, Sh. voluntarily teachers including the petitioners from the funds of Shivalik Development Agency, Ambala and also resolved it would not, however, be liability of the Shivalik Development Agency, Ambala in future and the Education Department of Haryana ovide teachers in their place in future and this payment of arrears of salary was made as one time. The relevant extract of meeting of the Shivalik Development Board held on 08.01.1996 and minutes of meeting held on tached herewith as Annexures R/4/2 and R/4/3. meeting of the Shivalik Development Board under the Chairmanship of Ch. Bansi Lal, Chief Minister, Haryana was held in Chandigarh and it was resolved that the tarily teachers including the petitioner be released for the period upto 31.03.1997 from the funds of the of Secondary Education, ociety d development of hilly and pur Rani and Naraingarh blocks of District Yamuna Nagar (earlier District Ambala). This integrated development is to take place in the field of agriculture, herbal th, buildings and roads, irrigation watershed banking tourism, poultry, animal husbandry and wild life etc. Aman Dua 2025.04.09 19:30 I attest to the accuracy and authenticity of this judicial document CWP-13591-1997(O&M) Therefore, it has Teachers, and there is 6. Learned State counsel has also objected regularisation filed on behalf of respondents no.1 and 2 and 366 of 2015 5. voluntary teachers appointed by the respondent no.4 i.e. Shivalik Development Board and did not fulfil the basic qualification for the post of JBT being +2 only, accordingly, for the in service training at that time hence, could not claim the parity between those who were selected for in service training as they fulfil the eligibility criteria at that time. It is further stated here that the petitioners were arrangement without following regular selection process and were never engaged by the respondent Department. 6. Department has already appointed two regular teachers and one guest teacher as per the affidavit filed by the respondent Department dated 02.03.2022, that the Education Department should provide teachers in the place of voluntary teachers. 7. Department has wr (2) dated 29.11.2024 (Annexure R Department has cleared its stand that the respondent Department has no liability towards the payment of honorarium and other benefits to the petitioners as these teachers were never appointed by the respondent Department. He further contends that reliance 24.01.1990, whereby certain candidates untrained teachers at a recommended by the 1997(O&M) -4- it has continued with the services of the petitioners as Voluntary and there is no reason that their services can be regularised. Learned State counsel has also objected by referring to certain paragraphs of the reply dated filed on behalf of respondents no.1 and 2 to the applications and 366 of 2015, which are the following: 5. That it is relevant to mention here that the petitioners were voluntary teachers appointed by the respondent no.4 i.e. Shivalik Development Board and did not fulfil the basic qualification for the post of JBT being +2 only, accordingly, for the in service training at that time hence, could not claim the parity between those who were selected for in service training as they fulfil the eligibility criteria at that time. It is further stated here that the petitioners were arrangement without following regular selection process and were never engaged by the respondent Department. 6. That it is further submitted here that the respondent Department has already appointed two regular teachers and one uest teacher as per the affidavit filed by the respondent Department dated 02.03.2022, that the Education Department should provide teachers in the place of voluntary teachers. 7. That it is relevant to mention here that the respondent Department has written a letter vide memo no.16/90 (2) dated 29.11.2024 (Annexure R Department has cleared its stand that the respondent Department has no liability towards the payment of honorarium and other benefits to the petitioners as these teachers were never appointed by the respondent Department. her contends that reliance placed 24.01.1990, whereby certain candidates were teachers at a fixed salary of ₹700, is misplaced. Those persons were recommended by the Employment Exchange and had b with the services of the petitioners as Voluntary their services can be regularised. Learned State counsel has also objected to the petitioners’ paragraphs of the reply dated 10.03.2025, to the applications, i.e., CM nos. 365 That it is relevant to mention here that the petitioners were voluntary teachers appointed by the respondent no.4 i.e. Shivalik Development Board and did not fulfil the basic qualification for the post of JBT being +2 only, accordingly, were not qualified for the in service training at that time hence, could not claim the parity between those who were selected for in service training as they fulfil the eligibility criteria at that time. It is further stated here that the petitioners were appointed as a stop gap arrangement without following regular selection process and were never engaged by the respondent Department. That it is further submitted here that the respondent Department has already appointed two regular teachers and one uest teacher as per the affidavit filed by the respondent Department dated 02.03.2022, that the Education Department should provide teachers in the place of voluntary teachers. That it is relevant to mention here that the respondent itten a letter vide memo no.16/90-1997 ET-II (2) dated 29.11.2024 (Annexure R-2) in which the respondent Department has cleared its stand that the respondent Department has no liability towards the payment of honorarium and other benefits to the petitioners as these teachers were never appointed upon the office order dated were offered appointment as , is misplaced. Those persons were Employment Exchange and had been engaged in the with the services of the petitioners as Voluntary to the petitioners’ , , i.e., CM nos. 365 That it is relevant to mention here that the petitioners were voluntary teachers appointed by the respondent no.4 i.e. Shivalik Development Board and did not fulfil the basic qualification for were not qualified for the in service training at that time hence, could not claim the parity between those who were selected for in service training as they fulfil the eligibility criteria at that time. It is further stated appointed as a stop gap arrangement without following regular selection process and That it is further submitted here that the respondent Department has already appointed two regular teachers and one uest teacher as per the affidavit filed by the respondent Department dated 02.03.2022, that the Education Department That it is relevant to mention here that the respondent II in which the respondent Department has cleared its stand that the respondent Department has no liability towards the payment of honorarium and other benefits to the petitioners as these teachers were never appointed upon the office order dated offered appointment as , is misplaced. Those persons were een engaged in the Aman Dua 2025.04.09 19:30 I attest to the accuracy and authenticity of this judicial document CWP-13591-1997(O&M) Department prior to the petitioners not voluntary. 7. Submissions made by learned counsel for the parties have been considered. 8. It is apparent on record that t to the Agency Ambala District the hill areas on consolidated salary of to ₹5000 with effect from 01.05.2017 into between the petitioners and the Agency, nor are their terms of appointment regulated by any statute or rules framed thereunder. Resultantly, no employer-employee relationship exists no regularisation of services can be sought. As per settled proposition of law, persons rendering voluntary service to the Government or its Organisation or Agency, are not entitled to regularisation. In this regard a refer made to the judgment in Bengal and others regularisation to Home Guards, who had rendered voluntary service to the State. The relevant paragrap 29. and are no more members of the Home Guards. The appointment letters enclosed by the remaining category of the appellants do not suggest that they are performing duty any government servant. There is nothing on the record to suggest the master pursuant to the Home Guards Rules, 1962 and it is made clear that their services are voluntary and will not get a duty allowance as may be fixed by the State Government from time to time. 1997(O&M) -5- Department prior to the petitioners’ joining service with the Agency . Submissions made by learned counsel for the parties have been It is apparent on record that the petitioners for teaching students in remote hill istrict. They were accordingly engaged the hill areas on consolidated salary of ₹1000 per month, which was enhanced with effect from 01.05.2017. There is into between the petitioners and the Agency, nor are their terms of appointment regulated by any statute or rules framed thereunder. Resultantly, employee relationship exists between them no regularisation of services can be sought. As per settled proposition of law, persons rendering voluntary service to the Government or its Organisation or Agency, are not entitled to regularisation. In this regard a refer made to the judgment in Jiban Krishna Mondal and others Bengal and others, 2015 12 SCC 74, wherein the Supreme Court declined regularisation to Home Guards, who had rendered voluntary service to the State. The relevant paragraphs of the same are as under: 29. Majority of the appellants have attained the maximum age and are no more members of the Home Guards. The appointment letters enclosed by the remaining category of the appellants do not suggest that they are performing duty any government servant. There is nothing on the record to suggest the master-servant relationship. They were appointed pursuant to the Home Guards Rules, 1962 and it is made clear that their services are voluntary and will not get a duty allowance as may be fixed by the State Government from time to time. service with the Agency, and were Submissions made by learned counsel for the parties have been he petitioners offered their services for teaching students in remote hilly, semi-hilly areas of the old accordingly engaged as Voluntary Teachers for 1000 per month, which was enhanced There is no contract of service entered into between the petitioners and the Agency, nor are their terms of appointment regulated by any statute or rules framed thereunder. Resultantly, between them and the Agency, and no regularisation of services can be sought. As per settled proposition of law, persons rendering voluntary service to the Government or its Organisation or Agency, are not entitled to regularisation. In this regard a reference can be Jiban Krishna Mondal and others v. State of West , 2015 12 SCC 74, wherein the Supreme Court declined regularisation to Home Guards, who had rendered voluntary service to the hs of the same are as under: Majority of the appellants have attained the maximum age and are no more members of the Home Guards. The appointment letters enclosed by the remaining category of the appellants do not suggest that they are performing duty all over the year like any government servant. There is nothing on the record to servant relationship. They were appointed pursuant to the Home Guards Rules, 1962 and it is made clear that their services are voluntary and will not get any pay but the duty allowance as may be fixed by the State Government from and were Submissions made by learned counsel for the parties have been s old for 1000 per month, which was enhanced no contract of service entered into between the petitioners and the Agency, nor are their terms of appointment regulated by any statute or rules framed thereunder. Resultantly, and no regularisation of services can be sought. As per settled proposition of law, persons rendering voluntary service to the Government or its Organisation or ence can be State of West , 2015 12 SCC 74, wherein the Supreme Court declined regularisation to Home Guards, who had rendered voluntary service to the Majority of the appellants have attained the maximum age and are no more members of the Home Guards. The appointment letters enclosed by the remaining category of the appellants do all over the year like any government servant. There is nothing on the record to servant relationship. They were appointed pursuant to the Home Guards Rules, 1962 and it is made clear ny pay but the duty allowance as may be fixed by the State Government from Aman Dua 2025.04.09 19:30 I attest to the accuracy and authenticity of this judicial document CWP-13591-1997(O&M) 30. not entitled for regularisation of service 9. Also, learned counsel for the petitioners has not point out any instance whereby the respondents/Agency or the Department have regularised services of any such similarly placed Voluntary Teachers. 10. In view thereof, there is no merit in the petition and it stands dismissed with the observ voluntary service of petitioner in case his services are required. 11. Pending miscellaneous application(s), if any, shall also stand(s) disposed of. 01.04.2025 Ad 1997(O&M) -6- 30. In that view of the matter, we hold that the appellants are not entitled for regularisation of service Also, learned counsel for the petitioners has not point out any instance whereby the respondents/Agency or the Department have regularised services of any such similarly placed Voluntary Teachers. In view thereof, there is no merit in the petition and it stands dismissed with the observations that the respondents will be at liberty to avail voluntary service of petitioner no.1 on payment of admissible remuneration, services are required. Pending miscellaneous application(s), if any, shall also stand(s) (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? In that view of the matter, we hold that the appellants are not entitled for regularisation of service…. Also, learned counsel for the petitioners has not been able to point out any instance whereby the respondents/Agency or the Department have regularised services of any such similarly placed Voluntary Teachers. In view thereof, there is no merit in the petition and it stands ations that the respondents will be at liberty to avail on payment of admissible remuneration, Pending miscellaneous application(s), if any, shall also stand(s) TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No In that view of the matter, we hold that the appellants are been able to point out any instance whereby the respondents/Agency or the Department In view thereof, there is no merit in the petition and it stands ations that the respondents will be at liberty to avail on payment of admissible remuneration, Pending miscellaneous application(s), if any, shall also stand(s) Aman Dua 2025.04.09 19:30 I attest to the accuracy and authenticity of this judicial document