Explain why posts held by guest teachers not considered vacant: HC to Haryana

CHANDIGARH: The Punjab and Haryana High Court has made it clear that keeping posts occupied by guest teachers out of the realm of transfers would not only block them but also work against the rights of regular recruits.

Tribune News Service

Chandigarh, July 28

The Punjab and Haryana High Court has made it clear that keeping posts occupied by guest teachers out of the realm of transfers would not only block them but also work against the rights of regular recruits. The High Court has also asked Haryana to justify its action of not treating as “vacant” the posts occupied by guest faculty teachers in its transfer policy.

At the same time, Justice Rajiv Narain Raina refused to stay the transfer policy at the current stage. The interim prayer for stay of the transfer policy is declined at this stage to await response, Justice Raina added.

Taking up the matter, Justice Raina asserted that a further debate was not required on the issue as the result of guest faculty occupying cadre posts would amount to blocking them. The posts, under the circumstances, would not be open to transfers and posting for regular teachers.

“If this dubious ad hoc arrangement continues in full play, it would inevitably upset the apple cart of transfers and make the exercise lopsided, if not already working to the detriment of others, creating needless litigation and heartburn among the rank and file of regular employees,” Justice Raina asserted.

The developments took place on a petition filed by Ashok Kumar and another petitioner against Haryana and other respondents. Justice Raina issued notice of motion for August 24, which was accepted by State counsel Shruti Jain Goyal at the asking of the court on behalf of the respondents.

She was also granted, time to file reply to the main question raised in the petition on the legality of the transfer policy, which said posts occupied by guest faculty teachers would not be treated as “vacant”.

Justice Raina asserted: “The state would justify its action by the next date, failing which orders may be passed which are considered just and fair after hearing parties in order to protect the rights of regular recruits as against guest faculty teachers in the matter of posting and transfers.”