CAT for regularisation of contract teachers in city's govt schools
Chandigarh, April 5 -- The Bench of Central Administrative Tribunal, Chandigarh, headed by Suresh Kumar has directed the UT administration and education department to consider the claim of regularisation of the applicants within 3 months in light of the of the recent judgements of Supreme Court rendered in the cases of Jaggo vs Union of India, Shripal vs Nagar Nigam and Dharam Singh vs UP.
This was directed while allowing two applications filed by UT Chandigarh's school teachers working on contract basis for over two decades in the cadre of JBT/TGT/PGT in the school education department against vacant posts claiming regularisation.
There were 12 applicants in the first petition and six in the second, which were both combined and the judgment for this was recently uploaded.
As per counsel for the applicants Ranjivan Singh, the applicants were appointed as teachers by the department of education, Chandigarh administration on contract basis either in pursuance to the office order on November 27 1997 or advertisements for various posts including Junior Basic Teachers, (JBT), Trained Graduate Teachers (TGT) and Post Graduate Teachers (PGT) and they are working against vacant/sanctioned posts. As per the applicants, they are continuously working on contract basis without any break for over 16 years.
They were aggrieved by inaction of the respondents for not framing comprehensive/secure policy regarding their regularisation and thus approached the Tribunal.
According to the applicants, the Supreme Court of India in the case of secretary, state of Karnataka vs Uma Devi (2006) had directed the state/centre/UT governments to frame a one-time policy for regularisation for contractual/temporary employees. In pursuance of the judgment, the government of Punjab issued a notification on December 15 2006 regarding this. They alleged that Haryana and Himachal Pradesh have also framed their policies regarding this but the UT has not taken any active steps towards this.
The Tribunal observed that the applicant had also placed reliance on Jaggo vs union of India in which the apex court had observed, "engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organisation's functioning, not only contravenes international labour standards but also exposes the organisation to legal challenges and undermines employee morale. By ensuring fair employment practices, government institutions can reduce the burden of unnecessary litigation, promote job security, and uphold the principles of justice and fairness that they are meant to embody."
The Punjab and Haryana high court had also decided on seven civil writ petitions based on this which were also relied upon. The tribunal observed, "learned counsel for the respondents could not refer to any contrary argument and decision to the aforesaid legal position," and directed that the respondents consider the claims of the applicants in light of the ratio of the judgements cited by the applicants within a period of three months....
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