Extracted from the PDF above. The PDF is authoritative.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11348 of 2024
Date of decision: 02.07.2025 Mohinder Singh.
...Petitioner. Versus State of H.P. & Anr.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. Bhupinder Thakur, Advocate.
For the respondent : Ms. Menka Raj Chauhan, Deputy Advocate General.
Jyotsna Rewal Dua, Judge
Petitioner was engaged on 12.07.2010 as Assistant Professor (Sanskrit) on PTA basis in Government College Bassa (Gohar), District Mandi. He seeks directions to the respondents for release of Grant-in-Aid in his favour for the period w.e.f. 12.07.2010 to 31.12.2014.
2.
Heard learned counsel for the parties and considered the case file.
The documents placed on record with the writ petition, more particularly the experience certificate issued by the Principal, Government College Bassa (Gohar), District Mandi, makes it evident that the petitioner was engaged on
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PTA basis w.e.f. 12.07.2010 to 31.12.2014. This factual position has not been disputed by the respondents in their reply. In fact, the respondents have pleaded that the petitioner rendered services in the said college from 12.07.2010 to 30.04.2015.
The respondents have also admitted in their reply that the petitioner’s engagement by the College PTA was at the college level, albeit on its own, against a duly sanctioned and vacant post.
3.
Petitioner seeks Grant-in-Aid for the period during which he rendered services as an Assistant Professor (Sanskrit) on PTA basis in the concerned college. The respondents have opposed the relief on the ground that petitioner’s engagement as Assistant Professor (Sanskrit) in the college concerned was local arrangement by the College PTA and was a stop-gap arrangement out of local PTA fund. The appointment of the petitioner was temporary in nature made without any publication and following the selection process.
To rebut the stand taken by the respondents,
learned counsel for the petitioner has placed reliance upon Smt. Arti Sood vs. The State of Himachal Pradesh &
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Ors.1. In the said case, the petitioner therein was also engaged on PTA basis and had rendered services from 23.07.2010 to 28.02.2014. The writ petition was allowed, and directions were issued to the respondents to release Grant-in-Aid to the petitioner (therein) in terms of the Grant- in-Aid Rules, 2006. Conspicuously, the respondents, in their reply, have admitted having implemented the said decision. The aforesaid judgment squarely applies to the facts of the present case.
4.
In case the petitioner was not selected by following a proper selection process as has been alleged by the respondents, it was for them to take appropriate measure at that stage. Having permitted the petitioner to continuously serve w.e.f. 12.07.2010 to 31.12.2014 in their college, the respondents cannot now deny the petitioner the admissible Grant-in-Aid under the Grant-in-Aid Rules, 2006.
5.
In view of the above, the present writ petition is allowed. The respondents are directed to release the Grant- in-Aid in favour of the petitioner for the period from 12.07.2010 to 31.12.2014 in accordance with law. This exercise shall be carried out within a period of six weeks
1 CWP No.1073 of 2021 decided on 19.03.2024.
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from today. In case the due amount is not released within the aforesaid period, it shall carry interest at the rate of 5% per annum from the due date till the actual date of payment.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua 2nd July, 2025
Judge (Pardeep)