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Supreme Court of India

RATTAN LAL & ORS. ETC.ETC. versus STATE OF HARYANA & ORS.

Decided
16 August 1985
Judges listed
E.S. VENKATARAMIAH (as the open data lists them; this may not name the whole bench)
Disposal
Dismissed

Citations

Official
[1985] SUPP. 2 S.C.R. 569 · 1985 INSC 177
Also cited as
  • (1985) 4 SCC 43 (21 citing judgments)
  • AIR 1987 SC 478 (6 citing judgments)
  • (1985) SCC(L&S) 938 (3 citing judgments)

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The Court's text

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VENKATARAMIAll, J. In all these petitions the common question which arises for decision is whether it is open to the State Government to apoint teachers on an ad-hoc basis at the ·commencement of an academic year and terminate their services ·before the commmencement of the next summer vacation or.earlier to ·appoillt them again on an ad-hoc basis at the commencement of next academic year and to terminate their services before the commencement of the succeeding summer vacation or earlier and to continue to do so year after year. A substantial number of such ad-hoc appointments are made in the existing vacancies which have remained unfilled for three to four years. It is the duty of the State Government to take steps to appoint teachers in those vacancies in accordance with the rules as early as possible. The State Government of Haryana has failed to discharge that duty in these cases. It has been appointing teachers for quite some time on an ad-hoc basis· for short periods as stated above without any justifiable reason. In some cases the ·appointments are made for period of six months only and they are renewed af tet a break of . a few days. The number of teachers in the State of Haryana who are thus appointed on such ad-hoc basis is very· large indeed. If the teachers had been appointed regularly they would have been entitled to the benefits of summer vacation along with the salary and allowancee payable in respect of that period and to all other privileges such as casual leave, medical leave, maternity leave etc. available to all the Government servants. These benefits are denied to . these ad-hoc teachers . unreasonably on account of this pernicious system of appointment adopted by the State Government. These ad-hoc teachers are unnecessarily subjected an arbitrary 'hiring and firing' policy. These teachers who constitute the bulk of the educated unemployed are compelled accept these jobs on an ad-hoc basis with miserable conditions service. The government appears to be eXploiting this situation. This is not a sound personnel policy. It is bound to have serious repercussions on the educational institutions and the · children studying there. The policy of 'ad-hocism' followed by the State Government for a long period has led to the breach of Article and Article 16. of the Constitution. Such a situation cannot permitted to last any longer. It is needless to say that the State Government is expected to function as a model employer.

pp. 570–571

We, therefore, direct the State Government to take immediate steps to fill up in accordance with the relevant rules the vacanies in which those who are appointed on an ad-hoc basis are now working and to. allow all those who are now holding these posts on ad-hoc basis to remain in those posts till the vacancies are 'duly filled up. The teachers who are now working on such ad-hoc basis if they have the prescribed qualification may also apply for being appointed regularly in those posts. The State Government may also consider ~ympathetically the question relaxing the qualification of maximum age prescribed for appointment to those posts in the case.of those who have been victims this system of 'ad-hoc' appointments. If any of the petitioners in these petitions has under any existing rule acquired the right to be treated as a regularly appointed teacher, his case shall considered by the State Government and an appropriate order may be passed in his case.

p. 571, margin A

We strongly deprecate the policy of the under which 'ad-hoc' teachers are denied allowances for the period of the summer vacation the fictionial breaks of the type referred 'ad-hoc' teachers shall be paid salary and allowances for the period of summer vacation as long as they hold the this order. Those who are entitled to maternity shall also be granted such leave in accordance with the

p. 572

If the petitioners have any other grievances, approach the High Court of Punjab and Haryana.

p. 572

These petitions are accordingly disposed of. A.p,J, Petition

p. 572