HC raps State for denying regularisation to PTA-paid Mali, orders relief after 20 years of service
Shimla, December 18:
In a significant ruling, the Himachal Pradesh High Court has ordered the regularisation of a Mali working in a government college for over two decades, making it clear that salary paid through Parent Teacher Association (PTA) funds cannot be a ground to deny permanent status.
Justice Sandeep Sharma, while allowing a writ petition filed by Surinder Kumar, set aside a 2015 government order that had rejected his regularisation claim on the technical plea that he was appointed by the PTA and not directly by the department.
The petitioner was appointed as a Mali at WRS Government Degree College, Dehri in Kangra district in February 2003 and has been continuously working since then. The court observed that Kumar has served the institution under the direct supervision of the college principal and that the work of a Mali was not only essential but was being taken from him uninterruptedly for more than 20 years.
The High Court took strong exception to the State’s argument, noting that the government cannot on one hand extract work from an employee for years and on the other deny him legitimate service benefits by raising “frivolous objections.” It was also recorded that the petitioner was performing additional duties of a Peon, a fact not denied by the respondents.
Calling the State a model employer, the court held that the source of wages — whether government or PTA funds — is immaterial once an employee has rendered long and continuous service in a government institution.
The court further noted that several PTA-appointed teaching and non-teaching staff had already been regularised under government policy, and denying the same benefit to the petitioner would violate Articles 14 and 16 of the Constitution.
The High Court held Surinder Kumar entitled to regularisation after completion of eight years of service in accordance with the State’s policy. However, since he did not challenge the rejection of his claim for nearly nine years, the court restricted monetary benefits.
While back wages for the entire period were denied, the intervening years will count for seniority and service benefits, and actual financial benefits will be granted for three years prior to the filing of the petition.
The judgment is expected to have wider implications for PTA-appointed staff working in government schools and colleges across Himachal Pradesh.